u 


GIFT  OF 


D 


DD 
D 


SCHOOL  LAWS 
of  OKLAHOMA 


1912 


A  COMPILATION  OF  ALL  THAT  PART  OF 
SNYDER'S  COMPILED,  LAWS  of  OKLAHOMA, 
1909,  AND  THE  ACTS  OF  THE  SECOND  AND 
THIRD  LEGISLATURES  RELATING  to  SCHOOLS 
WITH  ANNOTATIONS  AND  NOTES. 


COMPILED     BY 

HENRY  J.   MILLER,  Chief  Clerk 
R.    H.  WILSON,    State  Superintendent 


JASPER  SIPES  CO.  Publishers,  OKLAHOMA  CITY 


D 


n 


MR.  SCHOOL  OFFICER: 


Don't  send  out  of  the  State  for  your  sup- 
plies. We  are  in  the  School  Furniture  and 
Supply  business.  We  have  the  goods  on  hand 
and  carry  the  largest  stock  in  the  southwest. 
We  want  your  trade,  you  want  the  best  grade 
of  goods — you  also  want  and  should  insist  up- 
on the  adopted  line  of  school  supplies — don't 
be  deceived  by  unscrupulous  agents  and  buy 
something  that  has  not  been  adopted  or  pass- 
ed upon  by  the  State  Text  Book  Commission, 
thereby  violating  the  law  and  throwing  your 
school  out  of  uniformity  with  the  other  schools. 
We  are  State  Agents  for  the  Adopted  Line  of 
Maps,,  Globes,  Reading  Charts,  Dictionaries  & 
Historical  Charts.  Insist  upon  the  Adopted 
Line.  In  case  you  do  not  care  to  ord^r  from 
us  direct,  ins'ist  'upon\y our  local  dealer  or  agent 
buying  the-t  Adppted  ,line. ,  W,eH  cheerfully  fill 
all  orders  whether  they  come  'direct  to  us  or 
through  your  local  agent  or  dealer.  We  aim 
to  fill  all  orders  the  same  day  they  are  receiv- 
ed. Address 

JASPER  SIPES  CO. 

Oklahoma  City 


053 


SCHOOL  SUPPLIES  as  adopted  by  the  STATE  TEXT  BOOK 

COMMISSION 

School   Supplies  Adopted  by  the   State   Text  Book   Commission. 
ADOPTED   PRICES   F.    O.   B.    OKLAHOMA   CITY. 

DICTIONARIES 

WKMSTKKS    XK\V    INTERNATIONAL   full   sheep   binding,    indexed $10.80 

\VEHSTKRS    COLLEGIATE    cloth   binding 2.55 

\YKHSTKKS     C<  )LLK<;i  ATE     sheep     binding 3.40 

MAPS 

UNIVERSAL   SERIES   wall   maps  mounted  on   cloth,   common  rollers 1.00 

Any  map  in   STEEL  or   DIAMOND   case 2.00 

Any    tour   maps    in    lock    case,    per   set 7.50 

Any  eight  maps  in  lock  case,  per  set 12.00 

Any   four  maps  in   Universal   case,   per   set 8.50 

Any  eight  maps  in  Universal   case,   per  set 13.50 

COLUMBIA    SERIES 

Political   and   Commercial    on   common   rollers,   each 3.00 

Any   map    in    Steel   or   Diamond    case 5.50 

Any  seven  maps  on   tin  rollers  in  Columbia  case 38.50 

Any  seven  maps  on  tin  rollers  in  Roller  Front  case 43.75 

Anv  four  maps  on  tin  rollers  in  Columbia  case 22.00 

PHYSICAL    OR     BIRDSEYE    VIEW    SERIES 

Any    map    on    common    rollers,    each 3.60 

Any   map   in    Steel    or   Diamond    case 6.00 

Any  seven   maps   on   tin  rollers   in  lock   case 42.00 

Any   seven   maps    on   tin   rollers    in   roller   front    case ' 47.00 

Any  four  maps  on  tin  rollers  in   lock  case ._  24.00 

NEW   SCHOOL   SERIES 

Any   map   on   common   rollers,    each 2.00 

Any    map    in    Steel    or    Diamond    case 4.60 

Any  seven  maps  on  spring  rollers  in  lock  case 28.00 

Any  seven    maps   on   spring  rollers   in   Roller   Front   case ._  33.00 

A,ny  four  maps  on   spring  rollers   in   lock   case__.  _  18.10 

GLOBE    or   OUTLINE    SERIES 

Any    map    on    common    rollers,    each 1.50 

Any  map  in  Steel  or  Diamond  case___ 3.00 

Any    eight    maps    in    Globe    case 20.00 

Any    eight    maps    in    Roller    Front    case 25.00 

Any    four    maps    in    Globe    case 12.00 

CHARTS 

PRIMARY     READING     CHART .     6.90 

FOSTERS    HISTORICAL    MAPS___.  __i5.oo 

AXATo.MV     AND     PHYSIOLOGY,^  7.00 

XORTH    AMERICAN    BIRD    AND    NATURE _  17.50 

THE   DIAGRAMMATIC   PHONIC-KEY   CHART .  5.00 

ATKINSON     ^-     MENTZKR    HISTORICAL    MAPS-_                                                 _  20.00 
RECORDS 

Clerks  or  Treasurers  Record,  half  leather  binding 1.00 

Clerks  or  Treasurers  Record,  half  leather  binding,  postage  prepaid 1.10 

Clerks  or  Treasurers  Record,  cloth   binding .75 

Clerks  or  Treasurers  Record   cloth   binding,   postage  prepaid .85 

Warrant    Book     .:><) 

Warrant    Book,    postage    prepaid  55 
GLOBES 

Xo.       1         6     inch                                  $     .25        No.  102%                8     inch  $  f!.fi5 

No.     10         6                                                        .50         No.     99V<j                12  6.20 

Xo.   90.°,         S                                                      1.50         No.     96%                18  16.85 

Xo.   flOfi       12                                                    3.50         Xo.   102                     8  L46 

Xo.   104         K                                                     2.25         Xo.     99                    12  7.00 

Xo.    101        12                                                         4.00          No.      96                     18  17  DO 

No.     98       IS                                                13.00        No.     12       Susp.  12          "Sash    wgt.  5.75 

Xo.  103%     8                                                    3.00         Xo.     12%       "       12              Ball        "  6.50 

Xo.   100%   12                                                      5.00         Xo.     18           "       18              Sash        "  16.00 

Xo.     971/2  18                                                  15.00         Xo.     18%                18               Ball  18.00 
All  other  globes  listed  in  our  globe  catalog  for  the  years  1907  and  1908  will  be 
supplied  at   f.O  percent  discount  from  catalog  list  prices. 

All  of  the  above  adopted   supplies  carried   in  stock  ready  for  immediate  ship- 
ment.    Address — 


JASPER  SIPES  CO. 


Oklahoma  City,  Okla. 


249024 


OFFICIAL  ENDORSEMENT 


To  Whom  it  May  Concern: 

This  compilation  of  the  school  laws 
of  Oklahoma  includes  all  the  laws  now  in 
force  relating  to  the  common  schools. 
Where  sections  of  the  law  have  been  con- 
strued by  the  courts  or  ruling  thereon  have 
been  made  by  the  Attorney  General  or  the 
State  Superintendents,  notes  are  given  at 
the  end  of  the  section  explaining  same. 

We  hope  that  county  attorneys  will  find 
the  annotations  helpful  to  them  for  which 
we  express  our  thanks  to  Mr.  Clinton  0. 
Bunn,  attorney,  of  Oklahoma  City.  We 
are  also  grateful  to  Mr.  Jasper  Sipes.  of 
Oklahoma  City,  for  assistance  in  publish- 
ing and  distributing  these  books. 
Respectfully, 

R.  H.  WILSON, 
State  Superintendent. 
Oklahoma  Citv,  July  15,  1912. 


TOPICAL  INDEX 


ted  books  use<; 

Annual     meeting Sec.     51 

Annual   report  of  district   treas- 
urer       Sec.     84 

al  from  county  superinten- 
dent     s 

Apportioning       school        funds — 

county     superintendent Sec.     27 

Apportionment  of  school  funds — 

State   superintendent Sec.     13 

day Sec.  383 

ant  county  superintendent  Sec.     37 
ing   reports    county   super- 
intendent .__Sec.     31 


N 

Non-resident    pupils  Bee.  105 

Notice  for  transfer  of  pupils Sec.  357 

O 

Officers    liable Sec.  Ill* 

Orders  for  paying  funds Sec.     71 

P 
Payment     of     school     funds     by 

county    treasurer Sec.     80 

Penalty   for  false   report Sec.     73 

Penalty  for  not  assessing  prop- 
erty     Sec.  339 

Powers  of  district  meetings Sec.     54 

Powers  of  school  boards__.      .__Sev 


Biennial     report — state    superin- 
tendent   Sec.     18 

Board   of    county    examiners Sec.  363 

Books    for    libraries Sec.  375 

Branches  taught — public  schools  Sec.     44 

Buildings — separate   schools Sec.  209 

C 

Care  property Sec.  104 

Certificates — County: 

Sec.  365 

Bt   grade Sec.  366 

-      >nd    grade Sec.  367 

Third    grade Sec.  368 

Temporary    Sec.  370 

Illegal    issuance   of Sec.  371 

Changing  site   of  school   hous<      - 
Common  school  districts  denned  Sec.  265 
Condemning      site      for      school 

house Sec.     59 

-  -lidation      of      school      dis- 
tricts Sec.  159 

D 
•    records...  102 


— separ- 
ate   schools Sec.  212 

Examinations     _  364 


Fiscal    year 

Flag  to  be  displayed  ____________ 

Forfeiture   of   office,    county   su 
perintendent     ________________ 

Forfeiture  of  office,  board  mem- 

ber 

Formation  of  new  »V.  - 
Formation  of  school  dis 

I 

Increased    levies 
Injuring  school   property  ________ 

J 
Jurisdiction         school         district 


Sec.  338 
Sec.  376 

Sec.     39 

Sec.     67 

See.     49 
See.     33 


Sec.  351 
Se 


- 


appropriation St- 

Limit     of    issuing    school     war- 
rants      Sec.     91 


Qualifications — county     superin- 
tendents      Sec.     24 

Qualified     electors Sec.     52 

R 

Relocating   school    houses Sec.     61 

Removal   of  school   house Sec.  114 

Report  of  district  board Sec.     72 

S 

Salary  of  county  superintendent  Sec.     43 
School    district    suits,    jurisdic- 
tion     Sec.  372 

School    month Sec.     45 

School    term Sec.     57 

Sectarian  instruction  prohibited  Sec 

Sinking    fund Sec.  344 

Special    meetings Sec.     51 

State    aid    for    consolidated    dis- 
tricts      . Sec.  168 

State  boards  of  education Sees.  9-10 

Subjects       taught       in       public 

schools    Sec.  223 

Suit    on   treasurer's   bond Sec.     76 

Supplies    Sec.  107 

Suspension    of    pupils Sec.  109 

T 

Tax     levies Sec.  340 

Teachers'      contracts Sec.  106 

Teacher's    daily    register Sec.  110 

Term  of  office — county  superin- 
tendent      Sec.     40 

Term   of  district  officers Sec.     64 

Transfer   of   pupils Sec.  356 

Transfer  of  separate  school  pu- 
pils    s- 

Travelinjg   expenses — county   su- 
perintendents     Sec.     3S 

Treasurer  refusing  to   pay   over 

funds     Sec.     97 

Two   or   more   schooh  houses    in 

same    district Sec.     55 

U 

Unauthorized    supplies    prohibit- 
ed     Sec.  251 

f  school   house Sec.  115 

V 

Vacancy    on    district    board Sec.     30 

D   prohibited...  See.  380 

W 
how     paid 


TABLE  OF  CONTENTS 

Page  Xo. 
ARTICLE  I. — Constitutional  provisions  and  state  board  of  education 5 

/-^•ARTICLE  2. — State  superintendent 8 

ARTICLE  3. — County  superintendent n 

A.RTICLE  4. — Common  school  districts 17 

ARTICLE  5. — Joint  districts 23 

ARTICLE  6. — Common  school  district  officers — duties 24 

— »  ARTICLE  7. — City  schools  and  boards  of  education 38 

ARTICLE  8. — Consolidated  school  districts 47 

ARTICLE  9. — Union  or  graded  school  districts 51 

"•""'  ARTICLE  10. — County  high  school 53 

ARTICLE  u. — Separate  schools 56 

ARTICLE  12. — Agricultural  education 62 

ARTICLE  13. — Books  and  supplies 67 

ARTICLE  14.— Child  labor  law 76 

ARTICLE  15. — Compulsory  attendance 79 

ARTICLE  16. — County  normal  institutes 81 

ARTICLE  17. — Kindergartens 85 

ARTICLE  18. — Nepotism 86 

ARTICLE  19. — School  bonds 88 

ARTICLE  20. — School  bonds — refunding 93 

ARTICLE  21. — State  certificates 98 

ARTICLE  22. — Tax  levies '. 100 

ARTICLE  23. — Transfer  of  pupils 105 

ARTICLE  24. — Teachers  and  county  certificates 107 

ARTICLE  25. — Miscellaneous  provisions — holidays 109 


—  4 


ARTICLE  I. 
Constitutional  Provisions  and  State  Board  of  Education. 


Section 

1      Provide   system    of  education. 
Free    public    schools. 
Deaf,    dumb   and   blind. 
4      Separate   schools;    white   and   col- 
ored;  definition. 
Compulsory  attendance. 
Board   of   education;    superintend- 
ent. 


Section 

7.  1'niform  system  of  text  books. 

8.  Agriculture,    horticulture,    etc.,    to 

be  taught. 

9.  State  Board  of  Education  created. 

10.  Duties  and   powers. 

11.  Credit  for  college  work  on  teach- 

ers'   certificates. 


Sec.  1.  Provide  System  of  Education:  Provisions  shall  be  made  for  the 
establishment  and  maintenance  of  a  system  of  public  schools,  which  shall 
be  open  to  all  the  children  of  the  State  and  free  from  sectarian  control;  and 
said  schools  shall  always  be  conducted  in  English:  Provided,  That  nothing 
herein  shall  preclude  the  teaching  of  other  languages  in  said  public  schools: 
And  Provided  Further,  That  this  shall  not  be  construed  to  prevent  the  estab- 
lishment and  maintenance  of  separate  schools  for  white  and  colored  chil- 
dren. (Enab.  Act,  Sec.  3,  Art.  1,  Sec.  5(  Bunn's  Ed.  Sees.  1,  510). 

Sec.  2  Free  Public  Schools:  The  Legislature  shall  establish  and  main- 
tain a  system  of  free  public  schools  wherein  all  the  children  of  the  State 
may  be  educated. 

Sec.  3.  Deaf,  Dumb,  and  Blind:  The  Legislature  shall  provide  for  the 
establishment  and  support  of  institutions  for  the  care  and  education  of  the 
deaf,  dumb,  and  blind  of  the  State. 

Sec.  4.  Separate  Schools — White  and  Colored — Definition:  Separate 
schools  for  white  and  colored  children  with  like  accommodations  shall  be 
provided  by  the  Legislature  and  impartially  maintained.  The  term  "colored 
children,"  as  used  in  this  section,  shall  be  construed  to  mean  children  of 
African  descent.  The  term  "white  children"  shall  include  all  other  children. 

Sec.  5.  Compulsory  Attendance:  The  Legislature  shall  provide  for  the 
compulsory  attendance  at  some  public  or  other  school,  unless  other  means 
of  education  are  provided,  of  all  the  children  in  the  State  who  are  sound  in 
mind  and  body,  between  the  ages  of  eight  and  sixteen  years,  for  at  least  three 
months  in  each  year. 

Sec.  6.  Board  of  Education — Superintendent.  The  supervision  of  in- 
struction in  the  public  schools  shall  be  vested  in  a  Board  of  Education, 
whose  powers  and  duties  shall  be  prescribed  by  law.  The  Superintendent 
of  Public  Instruction  shall  be  President  of  the  Board.  Until  otherwise  pro- 
vided by  law,  the  Governor,  Secretary  of  State,  and  Attorney  General  shall 
be  ex-officio  members,  and  with  the  Superintendent,  compose  said  Board  of 
Education. 

Sec.  7.  Uniform  System  of  Text  Books:  The  Legislature  shall  provide 
for  a  uniform  system  of  text  books  for  the  common  schools  of  the  State. 

Sec.  8.  Agriculture,  Horticulture,  etc.,  to  be  Taught:  The  Legislature 
shall  provide  for  the  teaching  of  the  elements  of  agriculture,  horticulture, 
stock  feeding,  and  domestic  science  in  the  common  schools  of  the  State. 
'Bunn's  Ed.  Sees.  308-314). 

Sec.  9.  State  Board  of  Education  Created:  The  State  Board  of  Educa- 
tion shall  consist  of  seven  members,  including  the  State  Superintendent  of 
Public  Instruction,  who  shall  bs  the  President,  and  six  members  appoint  ml 


by  the  Governor  and  with  the  advice  and  consent  of  the  Senate,  for  a  period 
of  six  years,  except  as  hereinafter  provided.  The  appointive  members  shall 
possess  the  same  qualifications  and  be  subject  to  the  same  restrictions  and 
limitations  as  are  now  required  of  the  Text  Book  Commission,  and  at  least 
two  of  them  shall  be  practical  school  men  who  shall  have  had  at  least  four 
years  experience  in  actual  school  work,  two  years  of  which  shall  have  been 
in  the  State  of  Oklahoma.  Upon  the  passage  and  approval  of  this  Act  two 
members  shall  be  appointed  for  a  term  ending  June  30th,  1913,  two  members 
for  a  term  ending  June  30th,  1915,  and  two  members  for  a  term  ending 
June  30th,  1917,  subsequent  appointments,  except  to  fill  vacancies,  shall  be 
for  the  full  term  of  six  years. 

The  appointive  members  of  said  board  shall  receive  as  compensation 
tor  their  services  the  sum  of  six  ($6.00)  dollars  per  day,  their  necessary 
traveling  expenses,  and  actual  hotel  expenses  not  to  exceed  three  ($3.00)  dol- 
lars per  day,  while  in  the  performance  of  their  duties  and  they  shall  not 
be  removed  during  their  term  of  office  except  for  cause. 

There  shall  be  appointed  by  the  President,  to  be  approved  by  said  board, 
a  secretary,  who  shall  receive  a  salary  of  two  thousand  dollars  per  annum, 
and  a  stenographer  who  shall  receive  a  salary  of  twelve  hundred  dollars 
per  annum,  payable  monthly  and  said  positions  are  hereby  created. 

Sec.  10.  Duties  and  Powers:  The  State  Board  of  Education,  organized 
in  pursuance  of  this  Act,  shall  be  the  legal  successor  of  the  State  Board  of 
Education  as  it  now  exists,  the  State  Text  Book  Commission,  the  Board  of 
Regents  of  the  State  University,  the  Board  of  Regents  of  the  University 
Preparatory  Schools  at  Tonkawa  and  Claremore,  the  Board  of  Education  now 
in  control  of  the  State  Normal  Schools,  the  Board  of  Regents  of  the  Okla- 
homa Industrial  Institute  and  College  for  Girls  at  Chickasha,  the  Board  of 
Regents  of  the  School  o'f  Mines  and  Metallurgy  at  Wilburton,  the  Board  of 
Control  of  the  School  for  the  Deaf  at  Sulphur,  the  Board  of  Control  for  the 
School  for  the  Blind,  the  Board  of  Control  of  the  Boys'  Training  School  at 
Pauls  Valley,  the  Board  of  Control  of  the  Orphans'  Home  at  Pryor  Creek, 
the  Board  of  Control  of  the  Institution  for  the  Feeble  Minded  at  Enid,  the 
Board  of  Regents  of  the  Colored  Agricultural  and  Normal  University  at 
Langston,  the  Board  of  Regents  of  the  Institute  for  the  Deaf,  Blind  and 
Orphans'  Home  for  the  Colored  at  Taft,  and  shall  have  all  the  powers, 
rights  and  privileges  heretofore  legally  exercised  by  said  Boards:  Provided, 
nothing  in  this  Act  shall  invalidate  any  contracts  entered  into  by  the  Text 
Book  Commission.  Said  Board  shall  have  the  following  additional  powers 
and  duties: 

a.  The  general  supervision  of  the  public  schools  of  the  state. 

b.  To  formulate  and  adopt  courses  of  study  for  the  common  schools 
and  county  normal  institutes,  and  arrange  courses  of  study  and  adopt  text 
books  for  use  in  the  higher  educational  institutions  of  the  State. 

c.  To  formulate  rules  and   regulations   governing  the   issuance   of  all 
certificates  to  teach  in  the  public  schools  of  this  State. 

d.  To  prepare  questions  for  the  examination  of  applicants  for  county 
and  city  certificates  to  teach  in  the  public  schools  of  the  State. 

e.  To  examine  applicants  for  state  certificates,  to  teach  in  the  public 
schools  of  the  State,  and  for  conductors'  and  instructors'  certificates  to  teach 
in  the  county  normal  institutes. 

f.  To   prepare    examination    questions   for   graduates   from   the   eighth 
grade  of  the  public  schools. 

g.  To  classify  the  public  high  schools  of  the  State  and  properly  accredit 
them  to  the  various  higher  educational  institutions  of  the  State. 

—  6  — 


h.  To  formulate  and  adopt  courses  of  study  for  State  pupils'  reading 
circles,  and  for  State  teachers'  reading  circles,  and  to  select  books  to  be 
used  in  said  reading  circles,  and  to  prepare  questions  for  the  issuance  of 
reading  circle  certificates. 

i.  The  State  Board  of  Education  shall  make  a  biennial  report  to  the 
Governor  and  Legislature,  setting  forth  the  work  of  the  board  and  the  con- 
dition of  the  schools  of  the  State.  The  board  shall  also  prepare  and  submit 
to  the  Governor  thirty  days  before  the  convening  of  each  regular  session  of 
the  Legislature  a  budget  estimating  the  necessary  appropriations  for  each 
of  the  institutions  under  their  management  and  control. 

j.  Upon  application  having  been  made  in  writing  by  the  organization 
representing  the  commercial  and  business  colleges  and  institutions  in  this 
State,  it  shall  be  the  duty  of  said  board  to  formulate  rules  and  regualtions 
which  shall  govern  the  organization,  operation,  management  and  control 
of  said  commercial  and  business  colleges;  the  authority  herein  granted 
is  in  addition  to  that  above  stated  to  extend  to  the  formulation  and  adoption 
of  courses  of  studies,  the  length  of  time  necessary  to  complete  same,  and 
rules  and  regulations  governing  the  issuance  of  diplomas  by  said  commer- 
cial colleges. 

History.     Sees.    9   and   10,    S.    B.   132,   L.   1911. 

Sec.  11.  Credit  for  College  Work  on  Teachers'  Certificates:  That  upon 
the  application  of  any  college  or  university,  or  educational  institution  of  like 
standing,  incorporated  under  the  general  laws  of  the  State  of  Oklahoma,  the 
State  Board  of  Education  shall  have  power  to  examine  the  courses  of  study 
prescribed  and  the  character  of  the  work  done,  and  if  in  the  judgment  of 
said  board  it  shall  prove  to  have  as  efficient  a  course  of  study  as  those  of 
the  stale  normal  schools,  the  said  Board  of  Education  shall  have  power 
to  accept  grades  given  on  academic  subjects  completed  in  course  and  passed 
in  regular  examinations  to  persons  who  are  graduates  of  or  who  may  here- 
after be  graduated  from  such  institutions,  in  lieu  of  the  examinations  on 
the  same  subject  required  for  state  certificate.  7956. 

History.   L.   1901,   p.   214;   effective   March    8,    1901.    Revision:    Minor 
changes   and    corrections. 


ARTICLE  II. 
State  Superintendent. 


Section  Section 

12.     Authority  of  office. 


13.  Apportionment  of  funds. 

14.  Bond. 

15.  Superintendent    shall    give     opin- 

ions when  requested. 

16.  Publication  of  school  laws. 


18.  Biennial   report. 

19.  Appointment    of    common    school 
inspector. 

20.  Duties    of    inspector. 

21.  Salary    of    inspector. 


17.     Office  —  repository     of     books     and!       22.     Repeal. 

Sec.  12.  Authority  of  Office:  The  educational  interests  of  the  State 
shall  be  under  the  supervision  and  management  of  the  state  superintendent 
of  public  instruction,  subject  to  such  limitations  and  restrictions  as  or  may 
he  prescribed  by  law;  and  he  shall  have  and  exercise  the  powers  and  per- 
form the  duties  pertaining  to  such  office.  (7958.) 
History.  S.  1890.  Sees.  6387. 

Sec.  13.  Apportionment  of  Funds:  Such  State  Superintendent  shall 
apportion  the  income  of  the  State  School  Fund  and  the  annual  taxes  col- 
lected by  the  State  for  the  support  of  public  schools  to  those  counties  of 
the  State  from  which  proper  reports  have  been  received  by  said  State 
Superintendent.  Such  apportionment  shall  be  made  as  follows:  All  such 
moneys  remaining  in  the  treasury  on  the  fifteenth  day  of  January  shall  be 
apportioned  between  the  fifteenth  and  last  day  of  such  month,  and  that  re- 
maining on  the  fifteenth  of  July  shall  be  apportioned  between  the  fifteenth 
and  last  of  such  month.  The  apportionment  to  each  county  shall  be  made 
in  proportion  to  the  number  of  children  over  the  age  of  six  years  and 
under  the  age  of  twenty-one  years,  residents  therein,  as  shown  by  the 
last  annual  report  of  the  county  superintendent  to  the  State  Superin- 
tendent. Such  Superintendent,  in  distributing  all  funds  mentioned  in  this 
section  shall  draw  his  order  on  the  Secretary  of  State  or  other  officer  having 
custody  of  such  fund,  in  favor  of  the  county  treasurers  of  the  counties 
respectively  entitled  to  school  moneys  for  the  amount  of  such  moneys 
apportioned  to  his  county,  and  certify  the  amount  of  such  order  to  the 
Secretary  of  State,  and  also  to  the  county  clerk  and  superintendent  of 
the  proper  county;  provided,  that  the  federal  appropriation  made  shall 
be  apportioned  under  the  direction  of  the  Governor,  after  the  passage  of 
this  act,  to  the  several  counties  in  proportion  to  the  number  of  children 
of  school  age  shown  by  the  national  census.  (7959.) 
History  S.  1893,  Sec.  5881. 

Sec.  14.  Bond:  Before  entering  upon  the  duties  of  his  office,  the 
State  superintendent  of  public  instruction  shall  execute  a  bond  to  thr> 
State,  with  good  and  sufficient  sureties  to  be  approved  by  the  governor, 
in  the  penal  sum  of  five  thousand  dollars. 

History.      New    section,    drafted    from  S.   1890.     Sees.   6386  and  6518. 

Sec.  15.  Superintendent  Shall  Give  Opinions  When  Requested:  Such 
superintendent  shall,  at  the  request  of  any  county  or  city  superintendent, 
give  his  opinion  upon  a  written  statement  of  facts  on  all  questions  and 
controversies  arising  out  of  the  interpretation  and  construction  of  the  school 
laws  in  regard  to  the  rights,  powers  and  duties  of  township  and  city  boards, 
school  officers  and  county  superintendents,  and  shall  keep  a  record  of  all 
such  opinions.  Before  giving  any  opinion  which  involves  the  construction 
of  the  school  law,  the  superintendent  shall  submit  the  statement  of  facts 

—  8  — 


ID  the  attorney  general  forthwith,  for  his  opinion  thereon.     (7960.) 
History.-    S.    1890,    Sec.    6389. 

Note. — District  board  members  should  refer  all  matters  to  their  county 
superintendent.  If  the  county  superintendent,  through  the  advice  of 
the  county  attorney,  cannot  adjust  the  matter,  then  same  should  be 
referred  to  the  state  superintendent. 

Sc.  16.  Publication  of  School  Laws:  Such  superintendent,  not  more 
than  once  in  two  years,  may  publish  the  school  laws  in  force,  with  such 
forms,  regulations,  instructions  and  decisions  as  he  may  judge  expedient 
thereto  annexed  and  shall  cause  the  same  to  be  forwarded  to  the  persons 
entitled  to  receive  them.  He  shall  prescribe  and  cause  to  be  prepared 
all  forms  and  blanks  necessary  in  the  details  of  the  public  school  system, 
so  as  to  secure  its  uniform  operation  throughout  the  State,  and  shall  cause 
the  same  to  be  forwarded  to  the  several  county  and  city  superintendents, 
to  be  by  them  distributed  to  the  several  persons  or  officers  entitled  to  receive 
the  same.  (7961.) 

History.  S.  1890,  Sec.  6390.     Revision:      Provision  for   publication   and 

distribution   of  school  laws    "as  soon  after   the  passage   of  this   act   as 

practicable"    eliminated    as    obsolete. 

Sec.  17.  Office — Repository  of  Books  and  Records:  Such  superintendent 
shall  have  an  office  at  the  Seat  of  government,  where  he  shall  keep  all  books 
and  papers  pertaining  to  the  duties  of  his  office,  and  all  books,  school  and 
other,  and  all  apparatus,  maps,  and  charts  belonging  to  the  office  of  the  State 
superintendent,  and  such  as  may  hereafter  be  received  for  such  office  by 
purchase,  exchange  or  otherwise,  shall  be  kept  and  preserved  in  such  office, 
and  delivered  by  the  superintendent  to  his  successor.  He  shall  file  and  care- 
fully preserve  in  his  office,  the  official  reports  made  to  him  by  the  county 
superintendents  of  the  several  counties,  trustees  or  directors  of  academies, 
graded  schools  or  colleges.  (7963.) 
History.  S.  1890,  Sec.  6392. 

Sec.  18.  Biennial  Report:  The  superintendent  shall,  on  the  first  day  of 
December  preceding  eaeh  regular  session  of  the  legislature,  make  out  and 
deliver  to  the  governor  a  report  containing: 

First.  A  statement  of  the  number  of  public  schools  in  the  State,  the 
number  of  pupils  attending  the  same,  their  sex,  and  the  branches  taught;  a 
statement  of  the  number  of  private  schools  in  the  State,  so  far  as  can  be 
ascertained,  and  the  number  of  pupils  attending  the  same,  their  sex,  and  the 
branches  taught;  a  statement  of  the  normal  schools  in  the  State  and  the 
number  of  students  attending  them;  the  number  of  academies  and  colleges  in 
the  State,  the  number  of  students  and  their  sex  attending  them;  and  such 
other  matters  of  interest  as  he  may  deem  expedient,  drawn  from  the  reports 
of  the  county  superintendents  in  the  several  counties  in  the  State,  and  from 
other  reports  received  on  the  subject  of  education  from  the  trustees  or  other 
school  boards  within  the  State; 

Second.  A  statement  of  the  condition  of  the  public  school  funds  of 
the  State,  including  moneys,  school  lands  or  other  property  held  in  trust  by 
the  State  for  the  support  of  the'  public  schools,  and  giving  a  full  statement 
of  the  school  land  account  of  each  county; 

Third.     A  statement  of  the  receipts  and  expenditures  of  the  year; 

Fourth.     A  statement  of  plans  for  the  management  and  improvement  of 
public  schools,  and  such  other  information  relating  to  the  educational  inter- 
ests of  the  State  as  he  may  deem  important.     (7964.) 
History.     S.    18$0,    Sec.    8893. 

Sec.  19.  Appointment  of  School  Inspector:  The  State  Superintendent 
may  appoint  a  State  School  Inspector,  who  shall  visit  and  inspect  the  city, 


town  and  rural  schools  of  the  State,  and  aid  in  giving  information  and  assist- 
ance in  the  organization  and  maintenance  thereof.  This  Inspector  shall 
assist  the  State  Superintendent  in  preparing  such  special  reports  to  the 
Governor,  Legislature  and  State  Board  of  Education  bearing  upon  the  condi- 
tion and  needs  of  the  city,  town  and  rural  schools  of  the  State  as  may  be 
advisable.  It  shall 'also  be  the  duty  of  this  Inspector  to  confer  with  each 
city  and  county  superintendent  concerning  the  condition  and  needs  of  the 
schools  in  his  city  or  county,  to  consult  with  school  officers,  patrons  and 
teachers  in  regard  to  school  management,  discipline,  branches  of  study, 
school  law  and  school  sanitation,  and  by  public  lectures,  conferences  and 
meetings  endeavor  to  arouse  an  intelligent  interest  in  industrial  arid  agri- 
cultural education,  as  well  as  in  the  routine  work  of  the  schools.  He  shall 
investigate  and  report  to  the  Superintendent  plans  for  a  better  and  more 
economical  organization  of  the  state  school  system,  and  more  perfect  articu- 
lation thereof.  He  shall,  as  far  as  practicable,  encourage  and  assist  in  the 
organization  and  establishment  of  consolidated  rural  schools  and  rural 
high  schools. 

Sec.  20.  Duties  of  Inspector:  The  Inspector,  provided  for  by  this  Act, 
shall  work  under  the  direction  of  the  State  Superintendent,  and  shall  report 
to  him  as  often  as  may  be  necessary  concerning  the  condition  of  the  schools 
inspected  by  him  in  the  discharge  of  his  duties.  When  the  schools  are  not 
in  session,  said  Inspector  shall  be  assigned  to  other  duties  by  the  State 
Superintendent- 
Sec.  21.  Salary  of  Inspector:  The  State  School  Inspector  shall  receive 
an  annual  salary  of  eighteen  hundred  dollars  ($1,800.00),  and  shall  be  reim- 
bursed for  all  actual  and  necessary  traveling  expenses  when  duly  certified 
to  by  the  State  Superintendent. 

Sec.  22.  Repeal:  Section  5884  of  the  Statutes  of  1893  (the  same  being 
Section  7962  of  Snyder's  Compiled  Laws)  is  hereby  repealed.  (S.  B.  139, 
L.  1911.) 


Maps  and  Globes 

without  maps  and  globes  true 
geographical  teaching  is 

impossible 
The  State  adopted  maps  and  globes  carried  in  stock  by 

Jasper  Sipes  Co. 

Oklahoma  City 

Send  for  Circulars  Call  or  Write  for  Prices 


—10— 


ARTICLE  III. 
County  Superintendent. 

;i«:n  Section 

Creating  office.  34.     Not   to   affect   formation   of    white 
21.     Vacancy    and    qualification.  and    colored    districts. 

24.     Vacancy    and    qualification.  35.     Notice   and    first    meeting. 

26.  Oath    and    bond.  36.     Deputy    employed — qualifications. 
L'H.     Duties.  37.     May  employ   assistant. 

27.  Apportioning  school    funds.  38.     Traveling    expenses. 

28.  Report   to   county   clerk.  39.     Forfeiture  of  office — when. 

29.  Report   to   superintendent.  40.     Term   of  office. 

30.  To  fill  vacancy  in  district  board.  41.     Superintendent        to       apport  ion 

31.  To   audit   reports.  debts. 

32.  Records,    etc.  42.     To  dispose  of  property. 

::::.     Division     of     county     into     school       43.     Compensation   of   county   superin- 
districts.  tendent. 

Sec.  23.  Creating  Office:  There  is  hereby  created  the  office  of  county 
superintendent  of  public  instruction  for  each  county  in  Oklahoma,  which 
office  shall  be  filled  as  hereinafter  provided  by  election  and  appointment, 
and  when  elected  shall  be  elected  at  the  same  time  and  in  the  same  manner 
as  other  county  officers,  and  his  term  of  office  shall  be  for  a  period  of  two 
years,  or  until  his  successor, is  elected  and  qualified.  (7965.) 

Superintendents'  powers  are  judicial  and  cannot  be  reviewed  in  court 
in  absence  of  abuse.  (School  District  vs.  Jediker,  4  Okla.  599,  47 
Pac.  482. 

History.   S.    1893,    Sec.   57IH. 

Sec.  24.  Vacancy  and  Qualification:  When  a  vacancy  occurs  in  the 
office  of  county  superintendent  of  public  instruction,  by  death,  resignation 
or  otherwise,  notice  thereof  shall  be  given  by  the  county  clerk  to  the  board 
of  county  commissioners,  who  shall,  as  soon  as  practicable,  appoint  some 
suitable  person  to  fill  the  vacancy;  and  the  person  receiving  appointment 
shall,  before  entering  upon  the  discharge  of  the  duties  of  his  office,  file  his 
oath  or  affirmation,  and  bond  in  the  county  clerk's  office  as  hereinbefore 
provided,  and  shall  hold  his  office  until  his  successor  is  elected  and  quali- 
fied: Provided,  that  no  person  shall  be  eligible  to  the  office  of  county 
superintendent  of  public  instruction  who  is  not  a  graduate  of  some  institute 
of  learning,  which  shall  be  shown  by  diploma  thereof,  or  who  is  not  the 
holder  of  a  first-grade  certificate.  (7972.) 

History.  S.  1893,  Sec.  5757.  Revision:  Minor  changes  for  improvement 
of  language,  in  latter  part  of  section. 

Sec.  25.  Oath  and  Bond:  The  county  superintendent  of  public  instruc- 
tion, shall,  before  he  enters  upon  the  duties  of  his  office,  take  and  sub- 
scribe the  constitutional  oath  of  office,  and  execute  to  the  State  of  Okla- 
homa a  bond  in  the  sum  of  one  thousand  dollars,  conditioned  to  the  faithful 
performance  of  his  duties;  which  bond,  after  having  been  approved  by  the 
board  of  county  commissioners,  together  with  his  official  oath,  shall  be  filed 
in  the  office  of  the  county  clerk.  (7966.) 

History.  S.  1893,  Sec.  5750.  Revision:  Constitutional  oath  of  office 
prescribed  in  place  of  the  former  oath. 

Sec.  26.  Duties:  It  shall  be  the  duty  of  the  county  superintnedent  of 
public  instruction  to  visit  each  school  in  his  county  at  least  once  in  each 
term  of  six  months,  correcting  any  deficiency  that  may  exist  in  the  govern- 
ment of  the  school,  the  classification  of  the  pupils,  or  the  method  of  instruc- 
tion in  the  several  branches  taught;  to  make  such  suggestions  in  private 
to  the  teachers  as  he  shall  deem  proper  and  necessary  to  the  welfare  of  the 

—11— 


.school;  to  note  the  character  and  condition  of  the  school  holism,  furniture, 
apparatus  and  grounds,  and  make  a  report  in  writing  to  the  district  board, 
making  such  suggestions  as  in  his  opinion  shall  improve  the  same;  to  exam- 
ine the  accounts  and  record  books  of  the  district  officers,  and  see  that  they 
are  kept  as  required  by  law;  to  encourage  the  formation  of  associations  of 
teachers  and  educators  for  mutual  improvement,  and  as  far  as  possible  to 
attend  the  meetings  of  such  associations,  and  participate  in  the  exercises 
of  the  same;  to  attend  the  normal  held  in  his  county,  using  his  influence 
to  secure  the  attendance  of  teachers;  to  make  daily  personal  inspection 
of  the  work  of  the  institute  in  session,  and  to  keep  a  record  of  the  same 
in  his  office,  and  do  such  work  in  connection  with  the  exercises  of  the  insti- 
tute as  he  may  deem  necessary;  to  hold  a  public  meeting  in  each  school 
district  of  his  county,  ~  least  once  every  year,  for  the  purpose  of  discussing 
school  questions  and  elevating  the  standard  of  education;  to  keep  his  office 
open  at  the  county  seat  Saturday  of  each  week,  and  in  counties  in  which  the 
county  superintendent  receives  a  salary  of  more  than  six  hundred  dollars 
per  annum,  he  shall  keep  his  office  open  when  not  necessarily  absent  attend- 
ing to  his  official  duties.  He  shall  keep  a  complete  record  of  his  official 
acts;  a  record  of  the  name,  age  and  postoffice  address  of  each  candidate  for 
a  teacher's  certificate,  with  the  number  of  weeks  said  candidate  has  attended 
a  normal  school  or  institute,  the  number  of  weeks  he  has  taught,  his  stand- 
ing in  each  study  and  the  date  of  issue  and  expiration  of  each  certificate 
granted,  and  a  record  of  all  teachers'  certificates  issued  in  the  county  or 
indorsed  by  him,  as  provided  in  this  chapter.  »He  shall  keep  a  register  of 
the  teachers  employed  in  his  county,  giving  name  of  teacher,  number  of 
district  in  which  he  is  employed,  dates  of  opening  and  closing  term,  salary 
per  month,  grade  of  certificate  and  date  of  superintendent's  visit.  He  shall 
keep  a  record  of  the  apportionments  of  the  State  and  county  school  funds, 
and  such  other  statistical  records  as  shall  be  required  in  making  reports 
to  the  State  Superintendent  of  Public  Instruction.  He  shall  make  out  and 
transmit  to  the  State  Superintendent,  on  the  last  Mondays  in  March,  June, 
September  and  December  of  each  year,  a  report  showing  the  number  of 
school  visits  made,  with  the  average  length  of  time  spent  in  each  visit, 
the  number  of  consultations  held  with  school  officers,  the  number  of  days 
his  office  has  been  kept  open,  the  number  of  district  treasureus'  and  clerks' 
record  books  examined,  the  number  of  teachers'  meetings  attended,  the 
number  public  lectures  delivered  and  such  other  information  as  the  State 
Superintendent  may  require  regarding  the  duties  of  such  county  superin- 
tendent; and  until  such  reports  shall  have  been  forwarded  to  the  State 
Superintendent,  and  a  copy  thereof  filed  with  the  county  clerk  for  publica- 
tion, and  that  fact,  certified  by  the  said  county  superintendent  to  the  board 
of  county  commissioners,  the  warrant  for  his  salary  shall  not  be  drawn. 
(7967.) 

History.     S.   1893,   Sec.   5751. 

Sec.  27.  Apportioning  School  Funds:  Within  five  days  after  receiving 
the  certificate  of  the  State  Superintendent  of  Public  Instruction  informing 
him  of  the  amount  of  State  school  fund  which  has  been  apportioned  to  his 
county,  the  county  superintendent  shall  apportion  the  same,  together  with 
the  unapportioned  county  school  fund  in  the  county  treasury,  among  the 
school  districts  and  parts  of  districts  in  such  county  in  the  ratio  of  the  num- 
ber of  persons  of  school  age  residing  in  each  district  or  part  of  district, 
as  shown  by  the  last  annual  reports  of  the  several  clerks  of  such  dis- 
tricts and  parts  of  districts:  Provided,  that  no  district  in  which  a  common 
school  has  not  been  taught  for  at  least  three  months  the  last  preceding 
school  year  shall  be  entitled  to  receive  any  portion  of  said  funds,  and  he 
shall  draw  his  order  on  the  county  treasurer  in  favor  of  each  of  the  several 
school  district  treasurers  for  the  amount  apportioned  to  such  district:  Pro- 

—12— 


\idrd,  however,   that   counties  in  which  districts  have  not  been  organized, 
and   schools   taught,   said   districts   shall   be   entitled   to  receive   the  school 
:'und  due  said  districts  under  the  apportionment.     (7968). 
History.     S.    ixftf,   Sec.  r.T.'.i'. 

Sec.  28.  Report  to  County  Clerk:  It  shall  be  the  duty  of  the  county 
superintendent  of  public  instruction  on  or  before  the  fourth  day  of  July  of 
each  year,  to  furnish  the  clerk  of  the  county  a  description  of  the  boundary 
of  each  and  every  school  district  and  part  of  districts  in  such  county.  (7969). 

History.    S.    1893,    Sec.    5753. 

Sec.  29.  Annual  Report  to  Superintendent:  He  shall  on  or  before  the 
fifteenth  day  of  October  of  each  year,  make  out  and  transmit  in  writing  to 
the  State  superintendent  of  public  instruction  a  report,  bearing  date  October 
first,  containing  a  statement  of  the  number  of  the  school  districts  or  parts  of 
districts  in  the  county,  and  the  number  of  children  resident  in  each,  over  the 
age  of  six  and  under  the  age  of  twenty-one  years,  and  their  sex;  a  state- 
ment of  the  number  of  district  schools  in  the  county,  the  length  of  time  the 
school  has  been  taught  in  each,  the  number  of  scholars  attending  the  same, 
their  sex,  the  branches  taught  and  the  text-books  used;  the  number  of  teach- 
ers employed  in  the  same  and  their  sex;  a  statement  of  the  number  of 
private  or  select  schools  in  the  county  so  far  as  the  same  can  be  ascertained, 
and  the  number  of  teachers  employed  in  the  same,  their  sex,  and  the 
branches  taught;  a  statement  of  the  number  of  graded  schools  in  the 
county,  the  length  of  time  school  has  been  taught  in  each,  and  the  number 
of  scholars  attending  the  same,  their  sex,  and  the  branches  taught,  with 
the  number  of  teachers  employed  in  the  same,  and  their  sex;  a  statement 
of  the  condition  of  the  normal  school,  where  such  school  has  been  estab- 
lished, the  number  of  students  attending  the  same,  their  sex,  and  the  number 
of  teachers  employed  in  the  same,  and  their  sex;  a  statement  of  the  county 
normal  institute;  a  statement  of  the  number  of  colleges  and  academies  in 
the  county,  and  the  number  of  students  attending  the  same,  their  sex,  the 
number  of  teachers  employed  in  each  and  their  sex;  a  statement  of  the 
amount  of  public  money  received  in  each  district,  or  part  of  district,  and 
what  portion  of  the  same,  if  any,  has  been  appropriated  to  the  support  of 
graded  schools;  a  statement  of  the  amount  of  money  raised  in  each  district 
by  tax,  and  paid  for  teachers'  wages  in  addition  to  the  public  money  paid 
therefor;  the  amount  of  money  raised  by  tax  or  otherwise  for  the  purpose 
of  purchasing  school  site,  for  building,  hiring,  purchasing,  repairing,  fur- 
nishing or  insuring  school  house,  or  for  any  other  purpose  allowed  by  law, 
in  the  district  or  parts  of  districts.  (7970.) 
History. __S.  1893,  Sec.  57:.  I. 

Sec.  30.  To  Fill  Vacancy  in  District  Board:  Should  a  vacancy  occur  in 
the  board  of  directors  of  any  school  district,  it  shall  be  the  duty  of  the 
county  superintendent  to  appoint  some  suitable  person,  resident  of  the  dis- 
trict, to  fill  the  same.  The  person  so  appointed  shall  continue  in  office  until 
the  next  annual  meeting  thereafter  and  until  his  successor  is  elected  and 
qualified.  (7971.) 

History.     S.   1893,  Sec.  5756. 

Qualification  prescribed  in  this  section  applies  equally  to  elective  as 
well  as  appointive  officers.  Ter.,  ex  rel.  v.  Stubblefield,  5  Ok  310,  48  P. 
112. 

Note. — The  last  sentence  in  this  section  probably  repealed  by  Sec.  64, 
this  book,  and  appointment  made  by  County  Superintendent  is  for  bal- 
ance of  the  unexpired  term. 

Sec.  31.  To  Audit  Reports:  He  shall  see  that  the  annual  reports  of 
the  clerks  of  the  several  school  districts  and  parts  of  districts  in  his  county 

—13— 


are  made  correctly  and  in  due  time,  and  shall  have  power  to  administer  oaths 
in  all  cases  in  which  an  oath  is  made  necessary  by  any  provision  of  the 
school  law,  except  in  the  qualifying  of  county  superintendents  and  their 
sureties.  (7973.) 

History.      S.    1893,    Sec.    5758. 

Sec.  32.  Records,  etc.:  The  county  superintendent  of  public  instruc- 
tion of  the  respective  counties  in  this  State  may  purchase  for  each  organized 
school  district  in  his  county,  not  having  sufficient  records,  one  set  of  school 
district  records,  consisting  of  district  clerk's  records  and  other  (order)  books, 
district  treasurer's  book  and  a  teacher's  daily  register;  each  of  said  books 
shall  contain  such  printed  forms  and  instructions  as  will  enable  the  teacher 
and  the  school  district  officer  to  perform  with  correctness  and  accuracy  their 
several  duties  as  required  by  law:  Provided,  The  entire  set  of  said  records 
as  above  enumerated,  shall  not  exceed  in  cost  four  dollars  fqr  each  set; 
and  the  said  superintendent  shall  draw  his  order  or  warrant  on  the  county 
treasurer  in  favor  of  the  person  he  purchased  said  books  of,  for  the  amount 
of  the  purchase  money,  and  it  is  hereby  made  the  duty  of  said  treasurer  to 
pay  said  warrant  or  order  out  of  any  money  in  his  hands  belonging  to  the 
respective  districts  in  his  county:  Provided,  That  no  funds  in  the  hands 
of  the  county  treasurer  belonging  to  the  several  school  districts  of  his 
county,  shall  be  diverted  from  the  object  for  which  said  fund  was  raised, 
and  said  superintendent  shall  deliver  said  books  to  the  clerk  of  the  district 
board  of  said  district.  (7974.) 
History.  S.  1893,  Sec.  5759. 

Sec.  33.  Division  of  County  Into  School  Districts:  It  shall  be  the  duty 
of  the  county  superintendent  of  public  instruction  to  divide  the  county  into 
a  convenient  number  of  school  districts  and  to  change  such  districts  when 
the  interests  of  the  people  may  require  it,  by  making  them  to  conform  to 
existing  topographical  or  physical  conditions;  but  only  after  twenty  days" 
notice  thereof,  by  written  notice  posted  in  at  last  five  public  places  in  the 
district  or  districts  so  affected;  but  no  district  shall  be  formed  containing 
less  than  eight  persons  of  school  age,  and  no  district  having  a  bonded  indebt- 
edness shall  be  so  changed  that  such  indebtedness  shall  exceed  four  per  cent 
of  the  assessed  property  valuation  of  such  district:  Provided,  that  no  dis- 
trict shall  be  changed  under  the  provisions  of  this  section,  except  upon  a 
petition  to  the  county  superintendent,  signed  by  at  least  one-third  of  the 
qualified  electors  of  the  district  of  territory  desiring  to  be  changed:  Pro- 
vided, further,  that  one-fourth  of  the  qualified  electors  of  any  district 
affected  by  such  change  may  join  in  appeal  to  the  board  of  county  com- 
missioners from  the  action  of  the  county  superintendent,  and  their  de- 
cision shall  be  final:  Provided,  that  notice  of  such  appeal  shall  be 
served  on  the  county  superintendent  within  ten  days  after  the  time  of 
posting  the  formation  or  alteration  of  such  district.  Such  notice  shall 
be  in  writing  and  shall  state  fully  the  objections  to  the  action  of  the 
county  superintendent,  a  copy  of  which  shall  be  filed  with  the  county  clerk 
and  also  with  the  clerks  of  all  the  districts  affected  by  such  alteration; 
and  such  appeal  shall  be  heard  and  decided  by  a  majority  of  the  board  of 
county  commissioners  at  their  next  regular  meeting,  and,  if  such  appeal 
is  not  sustained  by  them,  the  county  superintendent  shall  proceed  to  appoint 
the  time  and  place  for  said  first  district  meeting,  which  shall  then  proceed 
as  by  law  required.  Such  superintendent  shall  number  school  districts  when 
they  are  formed,  and  he  shall  keep  in  a  book  for  that  purpose,  a  description 
of  the  boundaries  of  each  school  district  and  part  of  district  in  his  county 
with  a  plat  of  same,  date  of  organization,  date  and  full  record  of  all  changes 
of  boundaries,  and  a  list  of  district  officers  in  his  county,  the  date  of  elec- 


Lion  or  appointment  and  the  time  the  term  of  each  is  to  expire. 

History.   S.   B.    67,   L.    1!*1". 

School    attendance    outside    of    district.    L.    1910-11,    p.    218. 

Construed  and  applied-  Ter.  et  al.  v.  School  Dist.  et  al.,  10  Ok.  556 
64  P.  241. 

Changes  in  boundaries  left  to  county  superintendent  subject  to  stat- 
utory restrictions.  School  Dist.  v.  Zediker,  4  Ok.  599,  47  P.  482. 

County  superintendent  cannot  change  school  districts  except  up«»n 
petition.  School  Dist.  v.  Turner,  IP.  Ok.  71,  73  P.  952. 

Same — remedy.  Injunction  is  proper  remedy  to  prevent  the  arbitrary 
change  of  district.  Id. 

Old  section  limited  by  virtue  of  Sees.  122.  123,  to  country  districts. 
Board  of  Education  v.  Boyer,  5  Ok.  225,  47  P.  1090.  Citing  23  P.  122. 
(Kan.) 

Adopted  from    Kansas.   Id.  Note. — See  note  section  63 

Sec.  34.  Not  to  Affect  Formation  of  White  and  Colored  Districts:  The 
provisions  of  this  article  shall  not  be  construed  as  limiting  the  operation  of 
law  providing  for  the  formation  of  separate  districts  for  white  and  colored 
children,  but  the  formation  of  any  district  under  such  law  shall  be  construed 
to  be  the  formation  of  a  new  district  with  like  effect  as  though  such  new  dis- 
trict was  formed  in  territory  unorganized  for  school  purposes.  (7976.) 
History.  L.  1897,  p.  273;  effective  March  11,  1897. 

Sec.  35.  Notice  and  First  Meeting:  When  a  school  district  shall  be 
formed  in  any  county  the  county  superintendent  of  public  instruction  of 
such  county  shall,  within  fifteen  days  thereafter,  prepare  a  notice  of  the 
formation  of  such  district,  describing  its  boundaries  and  stating  the  number 
thereof.  He  shall  cause  the  notices  thus  prepared  to  be  posted  in  at  least 
five  public  places  in  the  district,  and  in  case  there  shall  be  no  appeal,  shall 
in  ten  days  thereafter,  in  like  manner,  appoint  a  time  and  place  for  special 
district  meeting  for  the  election  of  officers  and  the  transaction  of  such  busi- 
ness as  is  prescribed  by  law  for  regular  school  district  meetings.  (7977.) 
History.  S.  1893,  Sec.  5761. 

Sec.  36.  Deputy  Employed — Qualifications:  He  shall  discharge  such 
other  duties  as  may  be  prescribed  by  law,  and  may  at  his  own  cost  employ 
an  assistant  who  shall  have  all  the  qualifications  required  of  the  principal, 
and  before  entering  upon  the  discharge  of  the  duties  of  his  office  shall  take 
and  subscribe  the  oath  of  office  required  by  the  contsitution.  Such  assistant 
shall  be  liable  to  all  the  legal  restrictions  and  penalties  to  which  his  prin- 
cipal is  liable,  and  may,  in  the  name  of  his  principal,  do  any  official  act  that 
the  principal  might  legally  do:  Provided,  that  nothing  in  this  section  shall 
be  construed  to  relieve  the  principal  from  liability  on  his  bond  for  any  breach 
of  the  conditions  thereof  by  such  assistant.  He  shall  deliver  to  his  suc- 
cessor, within  ten  days  after  the  expiration  of  his  term  of  office,  all  books, 
papers,  records,  and  fixtures  appertaining  to  his  office.  (7978.) 

History.  S.  1893.  Sec.  5762,  as  amended  by   L.   1899,   p.   227. 
Note.-  Probably    repealed    by    Section    37. 

Sec.  37.  May  Employ  Assistant:  That  each  county  superintendent  of 
this  State  shall  have  the  right  to  employ  an  assistant  or  clerk  who  shall 
receive  the  sum  of  fifty  dollars  ($50.00)  per  month;  said  salary  to  be  -paid 
monthly  by  the  board  of  county  commissioners. 

Sec.  38.  Traveling  Expenses:  That  each  county  superintendent  of  this 
State  shall  be  allowed  all  actual  and  necessary  traveling  expenses  while 
away  from  home  inspecting  the  schools  of  the  county:  Provided,  No  expense 
shall  accrue  for  the  inspection  of  a  school  more  than  once  annually. 

History.  Sees.  37-38,  S.  B.  85,  Laws   1911. 

Note. — Sections  ?,~  and  38  probably  repeal  section  36.  As  long  as  there 
is  money  in  the  salary  fund  of  the  county  it  is  the  duty  of  county 
commissioners  to  approve  claims  of  the  assistant  superintendent  or 
clerk.  Position  may  be  abolished  only  by  rmmty  superintendent. 

—15— 


Sec.  39:  ..  Forfeiture  of  Office — When:  Every  county  superintendent 
who  shall  neglect  or  refuse  to  perform  any  act  which  it  is  his  duty  to  per- 
form, or  shall  corruptly  or  oppressively  perform  such  duties,  he  shall  forfeit 
his  office  and  shall  be  liable  on  his  official  bond  for  all  damages  occasioned 
thereby,  to  be  recovered  in  the  name  of  the  State  for  the  benefit  of  the  proper 
party,  district  or  county.  (7979.) 
History.  S.  1893,  Sec.  5763. 

Sec.  40.  Term  of  Office:  The  term  of  office  of  the  county  superin- 
tendent of  public  instruction  elected  in  each  county  at  the  general  election 
in  the  year  1900,  and  at  each  general  election  thereafter  shall  commence 
en  the  first  Monday  in  July  after  his  election.  (7980.) 

History.      L.    1899,    p.    225. 

Sec.  41.  Superintendent  to  Apportion  Debts:  It  shall  be  the  duty  of 
the  county  superintendent,  on  or  before  the  first  day  of  May,  1897,  in  each 
county  in  this  State,  to  audit  any  outstanding  indebtedness  that  may  have 
been  contracted  by  any  school  district  prior  to  the  time  such  district  was 
changed,  and  apportion  the  same  to  the  districts  now  comprising  the  terri- 
tory of  such  district,  taking  as  a  basis  of  apportionment  the  assessed 
valuation  of  property  included  in  the  boundaries  of  said  divided  district  ami 
he  shall  apportion  to  each  of  the  districts  which  have  acquired  the  territory 
of  said  divided  district  such  portion  of  said  indebtedness  as  the  assessed 
valuation  of  the  property  of  that  portion  of  the  territory  thus  acquired 
bears  to  the  entire  assessed  valuation  of  such  divided  district.  (8073.) 
History.  L.  1897,  p.  276. 

Sec.  42.  To  Dispose  of  Property:  The  county  superintendent  shall  have 
the  power  to  dispose  of  any  property  which  may  belong  to  any  such  divided 
districts  by  agreement  with  the  district  board  retaining  the  property  of  such 
divided  district:  Provided,  That  the  funds  arising  from  the  sale  of  such 
property  shall  be  applied  by  the  county  superintendent  to  the  payment  of 
the  indebtedness  of  said  divided  district  or  districts.  (8075.) 
History.  L.  1897,  p.  276. 

Sec.  43.  Compensation  of  County  Superintendent:  The  county  super- 
intendent of  public  instruction  shall  receive  an  annual  salary  to  be  paid 
quarterly  out  of  the  county  treasury  by  order  of  the  county  commissioners, 
as  follows:  In  counties  having  a  population  of  not  over  ten  thousand,  eight 
hundred  dollars;  in  counties  having  a  population  over  ten  thousand  and 
not  over  twenty  thousand,  twelve  hundred  dollars;  in  counties  having  a 
population  over  twenty  thousand  and  not  over  thirty  thousand,  fourteen 
hundred  dollars;  in  counties  having  a  population  of  over  thirty  thousand 
and  not  over  forty  thousand,  sixteen  hundred  dollars;  in  counties  having  a 
population  over  forty  thousand,  eighteen  hundred  dollars.  In  addition  to  the 
annual  salary,  he  shall  receive  one  dollar  for  each  school  visited  within  his 
jurisdiction,  as  provided  in  this  article:  Provided,  That  this  shall  not  be 
construed  to  include  more  than  one  visit  in  any  school  year.  (7981.) 

History.     L.    1909,   p.    159;   effective  March  24,  1909. 

Note. — See    Section    38,    which    amends  this  section. 


—16— 


ARTICLE  IV. 
Common  School  Districts. 

Section  Section 

44.     Branches  taught.  55.  District    may    have    two    or    more 
School    month.  school   houses. 

46.  May  assess   tuition   fee,    when.  56.  Location    of    school    house    legal- 

47.  Organization   of   district.  ized. 

48.  Corporation.  57.  School   term 

49.  Formation    of   new    district.  58.  Change  of  school  site. 

50.  Aggrieved   persons   may   appeal.  59.  May   condemn   site. 

r,l.  Annual  and  special  meetings.  60.     May    purchase    state    school    land 

52.  Who   may  vote.  for  site. 

53.  Challenges.  61.     Relocation  of  school  house  in  dis- 

54.  Powers   of   district   meeting.  tricts    containing   towns. 

Sec.  44.  Branches  Taught:  That  in. each  and  every  school  district  there 
shall  be  taught  orthography,  reading,  writing,  English  grammar,  geography, 
and  arithmetic  and  such  other  branches  as  may  be  determined  by  the  dis- 
trict board:  Provided,  That  the  instructions  given  in  the  several  branches 
taught  shall  be  in  the  English  language.  (8077.) 
History.  S.  1893,  Sec.  5811. 

Note. — The  Constitution  provides  that  elements  of  agriculture,  hor- 
ticulture, stock  feeding,  and  domestic  science  shall  be  taught  in  the 
common  schools  of  the  state. 

Sec.  45.     School    Month:     A  school  month  shall  consist  of  four  weeks 
of  five  days  each,  of  six  hours  per  day.     (8078.) 
History.     S.   1893,   Sec.   5812. 

Sec.  46.  May  Assess  Tuition  Fee — When:  Whenever  there  is  not  suffi- 
cient money  belonging  to  any  school  district  to  support  a  public  school 
the  length  of  time  prescribed  by  law  or  determined  at  the  annual  meeting 
or  at  a  special  meeting  duly  called,  the  district  board,  to  meet  said  deficiency, 
may  assess  a  tuition  fee  upon  each  scholar  attending  said  school,  the  assess- 
ment to  be  proportioned  to  the  number  of  days  each  pupil  has  been  in  actual 
attendance  during  the  term:  Provided,  That  no  tuition  shall  be  levied 
upon  the  pupils  of  any  district  in  accordance  with  the  provisions  of  this 
section,  unless  the  entire  amount  of  fifteen  mills  for  teachers'  wages,  as 
required  by  law,  be  first  assessed  upon  the  taxable  property  of  said  dis- 
trict. (8079.) 

History.  S.  1893,  Sec.  5813.  Revision:  Limit  of  taxation  changed 
from  2  per  cent  to  fifteen  mills,  in  accordance  with  Sec.  9,  Art.  10, 
Const. 

Sec.  47.  Organization  of  District:  Every  school  district  shall  be  deemed 
duly  organized  when  the  officers  constituting  the  district  board  shall  have 
been  elected  and  qualified  and  shall  have  signified  their  acceptance. to  tho 
county  superintendent  in  writing,  which  the  superintendent  shall  file  in 
his  office.  (8047.) 

History.     S.  1893,  Sec.   5764. 

Capacity  to  sue  under  this  article,  construed.  School  Dist.  v.  Long, 
2  Ok.  460,  37  Pac.  601. 

Sec.  48.     Corporation:     Every  school  district  organized  in  pursuance  of 
this  article  shall  be  a  body  corporate,  and  shall  possess  the  usual  powers 
of  a  corporation  for  public  purposes  by  the  name  and  style  of  school  district 
-  (such  a  number  as  may  be  designated  by  the  county  superin- 
tendent) -  -  county  (the  name  of  the  county  in  which  the  district 

—17— 


Js  situated),  State  of  Oklahoma,  and  in  that  name  may  sue  and  be  sued, 
and  be  capable  of  contracting  and  being  contracted  with,  and  holding  such 
real  and  personal  estate  as  it  may  come  into  possession  of  by  will  or  other- 
wise, or  as  is  authorized  by  law  to  be  purchased.  (8048.) 

History.      S.    1893,    Sec.    5765. 

Sec.  49.  Formation  of  New  Districts:  When  a  new  district  is  formed 
in  whole  or  in  part  from  one  or  more  districts  possessing  a  school  house  or 
entitled  to  other  property,  the  county  superintendent,  at  the  time  of  form- 
ing such  new  district,  shall  equitably  determine  the  proportion  of  the  present 
value  of  such  school  house  or  other  property  justly  due  to  said  new  dis- 
trict. Such  proportion,  when  ascertained,  shall  be  levied  by  the  district 
board  of  the  district  retaining  the  school  house  or  other  property  upon  the 
taxable  property  of  the  district,  and  shall  be  collected  in  the  same  manner 
as  if  the  same  had  been  authorized  by  a  vote  of  the  district  for  building  a 
school  house,  and  when  collected  shall  be  paid  to  the  treasurer  of  the  new 
district,  to  be  applied  towards  procuring  a  school  house  for  such  district. 
(8049.) 

History.      S.    1893,    Sec.    5766. 

Act  creating — invalid  as  special  legislation  where  it  affects  only  cer- 
tain designated  school  districts  and  contravenes  provisions  of  Act  of 
Congress,  approved  July  30,  1886.  Ter.  et  al.  v.  School  Dist.  et  al.,  10 
Ok.  556,  64  P.  241. 

Effect  of  changing  boundaries  of  school  district  upon  rights  in  real 
property.  26  L.  R.  A.  (ns)  486-n. 

Sec.  50.  Aggrieved  Persons  May  Appeal:  If,  in  the  formation  or  altera- 
.  tion  of,  or  refusal  to  form  or  alter  school  districts,  any  person  or  persons 
shall  feel  aggrieved,  such  person  or  persons  may  appeal  to  the  board  of 
county  commissioners:  Provided,  That  notice  of  such  appeal  shall  be 
served  on  the  county  superintendent  within  ten  days  of  the  time  of  posting 
of  the  notices  of  the  formation  or  alteration  of  such  district.  Such  notice 
shall  be  in  writing  and  shall  state  fully  the  objections  to  the  actions  of  the 
county  superintendent,  a  copy  of  which  shall  be  filed  with  the  county  clerk, 
and  also  with  the  clerks  of  all  districts  affected  by  such  alteration.  Such 
appeal  shall  be  heard  and  decided  by  the  majority  of  the  board  of  county 
commissioners  at  their  next  regular  meeting,  and  if  such  appeal  is  not  sus- 
tained by  them,  the  county  superintendent  shall  proceed  to  appoint  the  time 
and  place  for  said  first  district  meeting,  which  shall  then  proceed  as  by  law 
required:  Provided,  That  either  party,  or  any  person  or  persons  residing 
in  the  school  district  affected  by  such  formation  or  alteration  may  appeal 
from  the  finding  of  the  board  of  county  commissioners  to  the  district  court 
of  the  county,  by  filing  with  the  county  clerk,  within  ten  days  from  the 
action  of  the  board  of  county  commissioners,  a  notice  of  appeal.  The  county 
clerk  shall  thereupon  make  a  certified  transcript  of  the  proceedings  had 
before  the  county  commissioners,  and  shall,  within  twenty  days  from  the 
filing  of  said  notice  of  appeal,  deliver  or  transmit  to  the  clerk  of  the  district 
court  of  his  county  the  said  transcript  and  all  of  the  papers  in  said  case: 
All  further  proceedings  by  the  county  superintendent  shall  cease  and  be 
stayed  upon  the  filing  of  said  notice  of  appeal  with  the  county  clerk,  and 
like  proceedings  shall  be  had  in  the  district  court  as  are  now  provided  by 
law  for  the  hearing  and  trial  of  appeals  from  the  judgment  of  a  justice  of 
the  peace.  8050.) 

History.  S.  1893,  Sec.  5767,  as  amended  by  L.  1895,  p.  240;  effective 
March  8,  1895. 

Applied.     Ter.  et  al.  v.  School  Dist.  et  al.,  10  Ok.  556,  64  Pac.  241. 
Note. — For  appeal  in  formation  of   joint    districts    see    Sec.    63. 

—18— 


Sec.  51.  Annual  and  Special  Meetings:  An  annual  school  meeting  of 
each  school  district  shall  be  held  on  the  first  Tuesday  in  June  of  each  year 
and  at  such  precincts  or  polling  places  as  the  board  may  designate,  begin- 
ning at  two  o'clock  p.  m.  and  closing  at  six  o'clock  p.  m.  of  said  date.  Notice 
of  the  time  and  place  of  the  annual  meeting  shall  be  given  by  the  clerk  by 
posting  written  or  printed  notices  in  five  public  places  in  the  district  prior 
to  said  meeting.  Special  meetings  may  be  called  by  a  majority  of  the  dis- 
trict board,  or  by  a  majority  of  the  legal  voters  of  the  district;  but  notice 
of  said  special  meeting,  stating  the  purpose  for  which  it  is  called,  together 
with  the  time  and  place,  shall  be  posted  at  least  ten  days  before  the  meeting 
in  five  public  places. 

.     History.    Chap.    100,    L.    1910. 

Note. — The  last  sentence  of  the  original  law  providing  for  a  certifi- 
cate of  valuation  to  be  furnished  by  the  county  clerk  eliminated,  being 
obsolete  under  the  law  providing  for  county  excise  board  to  make  tax 
levies  for  school  districts.  See  Article  22. 

Sec.  52.  Who  May  Vote:  All  persons,  including  females,  residing  in 
the  district  and  possessing  the  qualifications  of  electors  as  defined  by  the 
constitution  and  the  laws  of  the  State,  shall  be  entitled  to  vote  at  any  district 
meeting.  (8054.) 

History.  S.  1893,  Sec.  5771.  Revision:  Redrafted  to  refer  to  constitu- 
tional qualifications,  instead  of  those  prescribed  by  the  organic  act, 
and  for  simplification  of  language. 

Sec.  53.  Challenges:  If  any  person  offering  to  vote  at  a  school  district 
meeting  shall  be  challenged  as  unqualified  by  any  legal  voter,  the  chairman 
presiding  shall  declare  to  the  persons  challenged  the  qualifications  of  a 
voter,  and  if  such  challenge  be  not  withdrawn,  the  chairman,  who  is  hereby 
authorized,  shall  tender  to  the  person  offering  to  vote  the  following  oath 
or  affirmation:  "You  do  solemnly  swear  (or  affirm)  that  you  are  an  actual 
resident  of  this  school  district  and  that  you  are  qualified  by  law  to  vote  at 
this  meeting."  Any  person  taking  such  oath  or  affirmation  shall  be  entitled 
to  vote  on  all  quqestions  voted  upon  at  such  meeting.  (8055.) 
History.  S.  1893,  Sec.  5772. 

Sec.  54.  Powers  of  District  Meeting:  The  inhabitants  qualified  to  vote 
at  a  school  meeting  lawfully  assembled,  shall  have  power: 

First.  To  appoint  a  chairman  to  preside  over  said  meeting  in  the  ab- 
sence of  the  director. 

Second.    To  adjourn  from  time  to  time. 

Third.  To  choose  a  director,  clerk  and  treasurer,  who  shall  possess  the 
qualifications  of  voters. 

Fourth.  To  designate  by  vote  a  site  for  the  district  school  house;  pro- 
vided, that  the  designation  of  a  site  for  a  district  school  house  shall  not  be 
over  one-half  mile  from  the  center  of  said  district. 

Fifth.  To  vote  annually  a  tax  not  exceeding  two  per  cent  on 'all  the 
taxable  property  in  the  district,  as  the  meeting  may  deem  sufficient  for  the 
various  school  purposes,  and  distribute  the  amount  as  the  meeting  shall 
deem  proper  in  the  payment  of  teachers'  wages,  to  build,  hire,  or  purchase 
a  school  house  and  to  keep  it  in  repair  and  to  furnish  the  same  with  neces- 
sary fuel  and  appendages,  and  to  purchase  or  lease  a  site;  provided,  that 
when  not  included  within  the  limits  of  a  town  or  village  said  site  shall  not 
contain  less  than  one  acre. 

Sixth.  To  authorize  and  direct  the  sale  of  any  school  site  or  other  prop- 
erty belonging  to  the  district  (when  the  same  shall  be  no  longer  needful  for 
the  district) ;  to  give  such  directions  and  make  such  provisions  as  may  bo 
deemed  necessary  in  relation  to  the  prosecution  or  defense  of  any  suit  or 

'—19— 


proceedings  in  which  the  district  may  be  a  party.  Also,  provided  further, 
that  if  the  inhabitants  of  any  school  district  shall  neglect  or  refuse  to  make 
such  levy,  then  the  board  of  county  commissioners  of  such  county,  through 
the  advice  of  the  county  superintendent  of  public  instruction,  shall  levy 
a  tax  annually  of  not  to  exceed  two  percent  on  all  taxable  property  in  the 
district.  (8056.) 

History.   L.   1895,   p.   246. 

Note. — Provisions  in  the  above  section  providing  for  tax  levies  are 
obsolete,  being  in  conflict  with  the  county  excise  board  law. 

Construed.     A.    T.    &   S.   F.    et  al.  v.  Haynes,  8  Ok.  576,  58  P.  738.. 

Majority  may  designate  site,  under  this  section.  McCarty,  et  al.  v. 
Cain,  et  al.,  27  Ok.  82,  110  Pac.  653. 

Sec.  55.  District  May  Have  Two  or  More  School  Houses:  The  board 
of  education  of  any  town  or  the  board  of  directors  of  any  school  district  in 
this  State,  may  construct  and  maintain  two  or  more  school  houses  in  any 
school  district  in  this  State,  provided  a  majority  of  the  legal  voters  of 
said  district  shall  authorize  the  same  at  an  election  to  be  held  in  said  district 
as  other  elections  are  held  for  school  purposes.  (8063.) 
History.  L..  1909,  p.  557;  effective  March  17,  1909. 

School  district  has  no  authority  to  erect  more  than  one  school  build- 
ing in  district,  and  can  only  maintain  one  school.  Kellogg  v.  School 
Dist.,  13  Ok.  285,  74  P.  110. 

Sec.  56.  Location  of  School  Houses  Legalized:  The  location  or  con- 
struction of  any  school  houses  already  located  or  constructed  by  the  board 
of  education  or  board  of  directors  of  any  school  district  in  this  State  are 
hereby  legalized.  (8064.) 

History.    L.    1909,    p.    558;    effective  March  17,  1909. 

Sec.  57.  School  Term:  The  qualified  voters  at  each  annual  meeting,  or 
any  special  meeting  duly  called,  may  determine  the  length  of  time  a  school 
shall  be  taught  in  their  district  for  the  then  ensuing  year,  which  shall  not 
be  less  than  three  months  and  when  such  school  shall  be  taught,  and 
whether  the  school  money  to  which  the  district  may  be  entitled  shall  be 
applied  in  support  of  the  summer  or  winter  term  of  school,  or  a  certain 
portion  of  each;  but  if  such  matters  shall  not  be  determined  at  the  annual 
or  any  special  meeting,  it  shall  be  the  duty  of  the  district  board  to  determine 
the  same.  (8057.) 

History.    S.    1893,    Sec.    5774. 

Sec.  58.  Change  of  School  Site:  In  school  districts  having  school  houses 
the  value  of  which  is  not  less  than  five  hundred  dollars,  the  school  house 
site  shall  not  be  changed  except  by  a  vote  of  at  least  three-fifths  of  the 
legal  voters  of  such  district  in  favor  of  such  change.  (8058.) 

History.   S.   1893,    Sec.   5775. 

Construed.  McCarty,    et  al.   v.    Cain  et  al.,  27  Ok.  82,  110  P.  653. 

Sec.  59.  May  Condemn  Site:  In  case  any  school  district  cannot  by 
purchase  at  reasonable  rates,  or  by  donation,  or  otherwise,  obtain  title  to 
the  site  selected  by  such  school  district;  or,  if  it  be  deemed  advisable  by 
such  school  district,  or  by  the  district  board,  to  add  other  ground  to  any 
school  house  site  already  selected ;  or  if,  in  good  faith,  but  by  mistake 
or  otherwise,  a  school  house  has  been  or  shall  be  erected  wholly  or  par- 
tially upon  any  land  or  lot  to  which  said  school  district,  at  the  time  of  the 
erection  of  such  school  building,  or  any  addition  thereto,  had  not  acquired 
title,  then  and  in  any  such  case,  upon  a  written  application  of  the  district 
board  of  such  school  district,  or  a  majority  of  the  board,  made  to  the 
county  judge  of  the  county  in  which  such  school  district  is  situated,  the 

—20— 


county  judge  shall  fix  a  day  for  the  hearing  of  the  same,  not  less  than 
fifteen  days,  nor  more  than  thirty  days,  from  the  date  of  such  filing,  and 
shall  cause  at  least  ten  days  notice  in  writing  of  such  hearing  to  be  given  to 
all  owners,  or  parties  having  any  interest  whatever  of  record  in  the  land 
proposed  to  be  condemned,  either  by  personal  service  on  each  such  adverse 
party,  or  by  leaving  a  copy  of  such  notice  at  his  usual  place  of  residence, 
or,  in  case  any  or  all  such  parties  are  non-residents  of  the  State,  such 
notice  shall  be  made  by  publication  in  some  newspaper  published  in  the 
county,  for  two  consecutive  weeks.  The  service  of  such  .notice,  other 
than  by  publication  shall  be  made  and  returned  by  the  sheriff  of  the  county 
in  which  the  land  proposed  to  be  condemned  is  situated.  Such  notice  shall 
set  forth  the  number  of  legal  designation  of  the  applicant  school  district,  a 
description  of  the  land  proposed  to  be  condemned,  and  the  time  of  the 
hearing  upon  the  application.  On  the  return  day  of  such  notice,  the  county 
judge  shall  examine  the  application  and  notice,  and  the  proof  of  service, 
or  publication  of  such  notice,  and  if  he  find  the  same  sufficient,  shall  imme- 
diately appoint  three  distinterested  free  holders  of  such  county,  who  are 
not  residents  of  such  school  district  to  condemn  such  site,  or  addition 
thereto,  and  in  case  such  land  or  lot  so  to  be  condemned  and  appraised 
shall  be  an  original  selection  for  school  house  site,  the  amount  so  to  be 
condemned  and  appraised  shall  not  exceed  one  and  one-half  acres;  and 
if  it  be  for  addition  to  an  existing  site  the  additional  amount  so  condemned 
and  appraised  shall  not,  with  the  original  site,  exceed  one  and  one-half 
acres.  All  of  the  provisions  of  this  section  shall  apply  to  school  districts 
within  the  boundaries  of  cities  of  the  first  class,  and  to  a  board  of  educa- 
tion of  a  city  of  the  first  class  applying  to  condemn  a  school  house  site  for 
such  district,  or  an  addition  to  an  existing  site.  Provided,  that  the  board 
of  education  of  a  city  of  the  first  class  may,  if  deemed  necessary,  condemn 
an  entire  block,  according  to  the  plat  of  such  city,  not  to  exceed  four 
acres,  exclusive  of  streets  and  alleys  and  may  condemn  as  many  such  sites 
as  shall  be  deemed  necessary  for  schools  in  cities  of  the  first  class.  And 
provided  further,  that  a  board  of  education  in  a  city  of  the  first  class, 
in  any  proceeding  under  this  section,  may  join  all  the  owners  of,  or  parties 
having  joint  or  several  interests  in  the  proposed  site  to  be  condemned  in  the 
same  application  as  parties  defendant  thereto,  and  the  appraisers,  in  con- 
demning and  appraising  such  site,  or  addition  thereto,  shall  return  a  report 
separately  of  the  valuation  fixed  by  them  upon  each  lot  or  separate  tract 
included  within  the  proposed  site,  or  addition  thereto,  and  any  one  or  more 
land  owners,  or  parties  adversely  interested,  who  may  be  dissatisfied  with 
such  appraisement  may  appeal  as  hereinafter  provided,  without  joining  the 
other  defendants.  Immediately  after  their  appointment  such  appraisers  shall 
proceed  to  condemn  and  appraise  the  value  of  the  site  so  selected,  or  the 
•addition  to  such  existing  site,  and  they  shall,  within  ten  days  thereafter, 
make  and  sign  and  acknowledge  a  report  describing  the  lot  so  condemned, 
the  purposes  for  which  it  was  so  condemned,  and  the  appraised  value  thereof, 
which  report  shall  be  by  them  filed  in  the  office  of  the  register  of  deeds 
in  the  county  in  which  the  land  or  lot  is  situated,  and  by  such  register  duly 
recorded  as  other  instruments  of  writing  affecting  the  title  to  real  estate 
are  recorded.  A  copy  of  such  report,  certified  by  the  register  of  deeds, 
shall  also  be  filed  with  the  county  judge  before  whom  such  proceedings  were 
had,  and  in  case  of  an  appeal  to  the  district  court,  the  original  application, 
and  notice,  and  proof  of  service,  the  order  appointing  the  appraisers  and 
such  certified  copy  of  the  report  shall  constitute  the  record  to  be  certified 
by  such  county  judge  to  the  district  court.  In  appraising  any  school  house 
site  or  addition  thereto,  to  which  such  school  district  has  not  title  at  the 
lime  of  erecting  any  school  house,  or  addition  thereto  thereon,  said  ap- 
praisers shall  exclude  from  their  appraisement  the  value  of  such  school 

—21— 


house  or  addition,  and  appraise  such  land  or  lot  at  its  value,  exclusive  of 
such  building,  addition,  or  other  improvements  placed  thereon,  in  good  faith, 
but  by  mistake  of  such  school  district,  or  such  school  district  board.  Within 
thirty  days  after  the  report  of  such  appraisers  is  filed  in  the  office  of  the 
register  of  deeds,  the  district  board  of  such  school  district  shall  pay  to  the 
county  treasurer  of  the  county  in  which  said  condemned  land  or  lot  is 
situated,  for  the  use  of  the  owner  of  such  land  or  lots,  the  amount  of  the 
appraised  value  thereof,  and  also  fifty  cents  to  the  register  of  deeds  for 
recording  said  report.  And  upon  such  payment  being  made  to  such  county 
treasurer  by  such  district  board,  the  title  to  such  site,  or  addition  thereto, 
shall  vest  in  the  school  district.  Either  party,  the  owner  of  the  lot  or 
land  condemned,  or  the  school  district,  may  appeal  from  such  appraisement 
to  the  district  court,  in  the  same  manner  that  appeals  are  taken  from  judg- 
ment of  justices  of  the  peace  in  civil  actions.  (8059.) 

History.     L.  1903,  p.  251. 

Sec.  60.  May  Purchase  State  School  Land:  Upon  application  of  any 
regularly  organized  School  District  Board  to  the  Commissioners  of  the 
Land  Office,  wherein  it  is  made  to  appear  that  it  is  necessary  to  locate  a 
site  for  a  public  school  house  on  any  of  the  Public  School  Land  or  State 
Lands,  the  Commissioners  of  the  Land  Office  are  hereby  authorized  and 
directed  to  have,  or  cause  to  have,  such  public  building  site  surveyed,  said 
site  to  not  embrace  more  than  four  acres  of  land,  and  said  Commissioners 
shall  cause  said  site,  so  located  and  surveyed,  to  be  appraised  as  provided 
by  law,  and  when  said  School  District  Board  shall  have  filed  with  said  Com- 
missioners of  the  Land  Office  a  relinquishment  of  the  preference  right  and 
interest  held  therein  by  the  lessee  of  said  site  so  located  and  surveyed,  or 
when  said  School  District  Board  shall  have  condemned  the  preference  right 
and  interest  in  said  lessee  in  said  site,  express  authority  being  herein 
granted  to  such  school  district  board  to  so  condemn  such  lessee's  interest 
in  any  such  land  for  the  purposes  herein  mentioned  under  the  condemna- 
tion procedure  now  applicable  to  railroads,  and  shall  have  filed  with  said 
commisisoners  of  the  land  office  the  final  judgment  of  the  court,  thereupon 
said  commisisoners  of  the  land  office  shall,  upon  the  payment  to  the  state  of 
the  appraised  value  of  said  site  and  tract,  so  located  and  surveyed,  make, 
execute  and  deliver  to  said  school  district  board  a  patent  to  said  tract,  as 
provided  by  law. 

History.     S.  B.   62,  L.   1911. 

Sec.  61.  Re-location  of  School  House  in  Districts  Containing  Town: 
Upon  the  petition  of  one-third  of  the  voters  of  any  school  district  in  Okla- 
homa, in  any  district  containing  a  town,  or  village,  qualified  to  vote  at  a 
school  district  election,  the  district  board  of  said  school  district  shall 
call  a  meeting  of  the  voters  of  said  school  district  at  the  school  house 
therein,  in  the  manner  provided  by  law  for  calling  special  school  meetings 
for  the  purpose  of  determining  the  re-location  of  the  school  house  in  said 
district.  If  at  such  meeting  the  voters  of  the  district,  by  vote  of  two-thirds 
of  the  resident  voters  of  the  district  voting,  determine  to  re-locate  the 
school  house  in  said  district  within  the  school  district,  the  board  of  said 
district  shall  locate  said  school  house  at  some  point  in  said  district  in  or 
adjoining  such  town  or  village.  (8076.) 

History.     L.   1905,   p.   380;   effective  March  13,   1905. 


—22— 


ARTICLE    V. 
Joint  Districts. 

Section  Section. 

62.     School    district    in    two    or    more       63.     Appeal, 
counties. 

Sec.  62.  School  District  in  Two  or  More  Counties:  When  it  shall  be- 
come necessary  to  form  a  school  district  lying  partly  in  two  or  more  coun- 
ties, the  county  superintendents  in  the  counties  in  which  the  said  tract  of 
country  shall  be  situated,  when  application  shall  be  made  in  writing  to  any 
one  of  them  by  five  householders  residents  therein,  shall,  if  by  them  deemed 
necessary,  meet  and  proceed  to  lay  off  and  form  the  same  into  a  school  dis- 
trict, issue  notices  for  the  first  district  meeting,  and  shall  file  the  proper 
papers  in  their  respective  offices;  and  such  district  so  organized  shall  be 
designated  "Joint  District  No. ,  Counties  of ,"  and  the  boun- 
daries of  such  district  shall  not  be  altered  except  by  the  joint  action  of  the 
superintendents  of  the  several  counties  represented  in  said  district.  (8080.) 

History.     L.   1895,  p.  245;  effective  March  8,  1895.     Revision:     Proviso 
cut  off  as  a  separate  section. 

Sec.  63.  Appeal:  If  in  the  alteration  of  or  refusal  to  alter  the  boun- 
daries of  any  joint  school  district,  any  person  or  persons  shall  feel  aggrieved, 
such  person  or  persons  may  appeal  to  the  state  superintendent  of  public 
instruction,  and  notice  of  such  appeal  shall  be  served  on  the  superintendents 
of  the  several  counties  represented  in  said  district  within  ten  days  after  the 
rendition  by  them  of  the  decision  appealed  from,  which  notice  shall  be  in 
writing  and  shall  state  fully  the  objections  to  the  actions  of  the  county 
superintendents,  and  a  copy  thereof  shall  be  filed  with  the  state  superin- 
tendent of  public  instruction;  and  it  shall  be  the  duty  of  the  county  super- 
intendents in  whose  possession  are  the  papers  -connected  with  the  action 
appealed  from,  to  transmit  the  same  to  the  state  superintendent  of  public 
instruction  immediately  upon  being  served  with  notice  of  appeal  as  herein- 
before provided;  and  thereupon  the  state  superintendent  of  public  instruc- 
tion shall  fix  a  time  for  the  hearing  of  said  appeal,  and  notify  the  several 
county  superintendents  interested,  and  they  shall  take  action  in  accordance 
therewith.  Provided,  that  each  joint  district,  except  in  matters  relating 
to  the  alteration  of  the  boundaries  thereof,  shall  be  under  the  jurisdiction 
and  control  of  the  superintendent  of  that  county  represented  in  such  dis- 
trict having  the  largest  amount  of  territory  embraced  within  the  boundaries 
of  such  joint  district.  (8080.) 

History.     L.    1895,    p.    245;    effective    March,    1895.     Revision:     Origin- 
ally part  of  preceding  section. 

Note. — In   case  of  S.   M.   Woodward  et  al.,  vs.  John  Strosnider,  et  al., 
the   Supreme   Court  decided  June  25,    1912,    that    appeals    as    provMed 
above  must  be  made  to  State  Superintendent   and    not    to    the    County 
•  Commissioners. 


—23— 


ARTICLE  VI. 
Common  School   District  Officers — Duties. 


Section. 

64.  Officers— term    of    office. 

65.  Powers   of   school   boards. 
.  66.     Oath   of   office. 

67.  Forfeiture    of   office. 

68.  Director,    duties    of. 

69.  Duties   of   clerk. 

70.  Deputy  clerk. 

71.  Orders     for     paying     out     school 

funds. 

72.  Board    to   make   report. 

73.  Penalty   for   false   report. 

74.  Report  of  persons  liable  to  taxa- 

tion. 

75.  Report    of    clerk    to    county    su- 

.  perintendent. 

76.  Bond    of    treasurer — suit    on. 

77.  Duty  of  treasurer. 

78.  Depository. 

79.  Penalty. 

80.  Payment     of     school     funds     by 

county   treasurer. 

81.  Warrants — how   paid. 

82.  Warrants  to  be  registered. 

83.  Warrants    paid    in    registration — 

publication    of    list. 

84.  Annual   report  of  treasurer. 

85.  Books  and  records,   open  for  in- 

spection. 

86.  Disbursement   of   school    funds. 

87.  Manner   of    payment. 

88.  Defining    terms. 

89.  Warrants      drawn      on      specific 

fund. 

90.  Treasurer     must     register     war- 

ants. 

91.  Limit   of   issue. 

92.  Illegal  issuance  of  warrants. 


Section. 

93.  Treasurer's    penalty. 

94.  Unlawful  to  approve  or  sign  cer- 

tain  warrants. 

95.  General    penalty. 

96.  Repeal. 

97.  Treasurer    refusing    to    pay    over 

— penalty, 
99.     District    tax   not   collected. 

98.  County   school    fund. 

100.  District      treasurer      shall       pay 

money    remaining. 

101.  Penalty      for      failure      to      pay 

money. 

102.  Misdemeanor      not      to       deliver 

records. 

103.  Powers  and  duties  of  board. 

104.  Care    of    school    property. 

105.  Non-resident    pupils. 

106.  Teachers'    contracts. 

107.  Board   to   provide   supplies. 

108.  School  property  not  taxable. 

109.  Suspension  of  pupils. 

110.  Teacher's    daily    register. 

111.  Penalty. 

112.  Disposition  of  fines. 

113.  Judgments — When     board     liable 

114.  Removal   of  school   house. 

115.  Use   of   school   house. 

116.  Construction  of  building  on  rent- 

al   plan — Levy. 

117.  Contract  to  be  approved  by  elec- 

tion. 

118.  Additional    levy    may    be    made, 

when. 

119.  Contracts    void,    when. 

120.  Officer   liable. 

121.  Resident    tax-payer    may    main- 

tain   suit. 


Sec.  64.  Officers — Term  of  Office:  The  officers  of  each  school  district 
shall  be  a  director,  clerk  and  treasurer,  who  shall  constitute  the  district 
board,  and  who  shall  be  elected  and  hold  their  respective  offices  as  follows: 
At  the  annual  election  in  nineteen  hundred  eight  there  shall  be  elected  in 
all  school  districts  not  previously  organized  according  to  Oklahoma  school 
laws,  a  director  who  shall  hold  his  office  for  three  years,  a  clerk  who  shall 
hold  his  office  for  two  years,  and  a  treasurer  who  shall  hold  his  office  for 
one  year,  and  thereafter  at  each  annual  meeting  there  shall  be  elected  one 
member  of  said  board  in  place  of  the  outgoing  member,  who  shall  hold  his 
office  for  three  years  and  until  his  successor  shall  be  elected  and  qualified; 
provided,  that  school  officers  holding  office  under  the  existing  law  shall  hold 
office  for  the  term  for  which  they  were  elected  or  until  their  successors  are 
elected  and  qualified.  (8081.) 

History.      L.    1907-8,    p.    399. 

Note  1. — This  section  provides  for  the  election  of  only  one  member  of 
the  school  board  each  year  and  probably  repeals  Sec.  30,  this  book. 
See  note  Sec.  30.  If  no  election  is  held  the  incumbent  holds  over  for 
another  term. 

Note  2. — No  person  holding  federal  position  can  serve  on  any  school 
board.     See  Sec.  12,  Art.  2,  Constitution. 

—24— 


Sec.  65.  Powers  of  School  Boards:  Nothing  in  this  Act  shall  be  con- 
strued to  prevent  the  present  school  boards  from  employing  teachers  for  the 
ensuing  year  or  entering  into  contracts  for  the  building  and  equipping  of 
school  houses  or  any  other  necessary  expenses  prior  to  the  annual  school 
meeting  in  nineteen  hundred  eight.  (8082.) 

History.      L.    1907-8,    p.    399. 

Sec.  66.  Oath  of  Office:  School  district  officers  before  entering  upon 
their  official  duties  shall  take  an  oath  to  faithfully  perform  said  duties,  and 
the  chairman  of  any  regular  or  special  meeting  is  hereby  authorized  and 
empowered  to  administer  such  oaths.  (8083.) 

History.     S.    1893,   Sec.    577S. 

Note.— Constitutional   oath    is   required. 

Sec.  67.  Forfeiture  of  Office:  Every  person  duly  elected  to  the  office 
of  director,  clerk,  or  treasurer  of  any  school  who  shall  refuse  or  neglect, 
without  sufficient  cause  to  qualify  within  twenty  days  after  his  election  or 
appointment,  or  who  having  entered  upon  the  duties  of  his  office  shall 
neglect  or  refuse  to  perform  any  duty  required  of  him  by  the  provisions  of 
ihis  article,  shall  thereby  forfeit  his  right  to  the  office  to  which  he  was 
elected  or  appointed,  and  the  county  superintendent  shall  thereupon  appoint 
a  suitable  person  in  his  stead.  (8084.) 

History.     S.    1893,    Sec.    5779. 

Sec.  68.  Director — Duties  Of:  The  directors  of "  each  district  shall  pre- 
side at  all  district  meetings,  and  shall  sign  all  orders  drawn  by  the  clerk, 
authorized  by  a  district  meeting,  or  by  the  district  board,  upon  the  treasurer 
of  the  district,  for  moneys  collected  or  received  by  him  to  be  disbursed 
therein.  He  shall  appear  for  and  in  behalf  of  the  district,  in  all  suits  brought 
by  or  against  the  district,  unless  other  directions  shall  be  given  by  the 
voters  of  such  district,  at  a  district  meeting.  (8085.) 
History.  S.  1893,  Sec.  5780. 

Officers  can  only  borrow  money  by  issuing  bonds.  A  warrant  can 
only  issue  in  payment  of  existing  indebtedness.  Kellogg  v.  School 
Dist.,  13  OK.  285,  74  p.  110. 

Sec.  69.  Duties  of  Clerk:  The  clerk  of  such  district  shall  record  the 
proceedings  of  his  district  in  a  book  provided  by  the  district,  for  that  pur- 
pose, and  enter  thereon  copies  of  all  reports  made  by  him  to  the  county 
superintendent;  and  he  shall  keep  and  preserve  all  records,  books  and  papers 
belonging  to  his  office,  and  deliver  the  same  to  his  successor  in  office.  (8086.) 

History.      S.    1893,    Sec.    5781. 

Sec.  70.  Deputy  Clerk:  The  said  clerk  shall  be  the  clerk  of  the  district 
board  and  of  all  district  meetings,  when  present;  but  if  such  clerk  shall  not 
be  present  at  any  district  meeting,  the  voters  present  may  appoint  a  clerk 
of  such  meeting,  who  shall  certify  the  proceedings  thereof,  and  the  same 
shall  be  recorded  by  the  clerk  of  the  district.  (8087.) 
History.  S.  1893,  Sec.  5782. 

Sec.  71.  Orders  for  Paying  Out  School  Funds:  The  clerk  of  the  district 
shall  draw  orders  on  the  treasurer  of  the  district  for  moneys  in  the  hands 
of  such  treasurer  which  have  been  apportioned  to  or  raised  by  the  district, 
to  be  applied  to  the  payment  of  teachers'  wages,  and  apply  such  money  to 
the  payment  of  wages  of  such  teachers  as  shall  have  been  employed  by  the 
district  board;  and  said  clerk  shall  draw  orders  on  the  treasurer  for  the 
moneys  in  the  hands  of  such  treasurer  to  be  disbursed  for  any  other  purpose 


ordered  by  a  district  meeting  or  by  the  district  board,  agreeable  to  the  pro- 
visions of  this  act.     (8088.) 

History.     S.   1893,   Sec.   5783. 

Note.— No  warrant  can  be  dra\\n  after  the  total  amount  of  the  ap- 
proved estimate  for  any  fiscal  year  has  been  exhausted.  See  sec- 
tions 88  and  92. 

Sec.  72.  Board  to  Make  Report:  Each  school  district  board  shall  hold  a 
meeting  at  least  five  days  previous  to  the  annual  meeting  in  each  year,  for 
the  purpose  of  preparing  the  report  of  the  clerk  and  treasurer,  which  shall  be 
read  and  submitted  to  the  legal  voters  of  the  district  at  the  annual  meeting 
for  their  information  and  consideration;  if  any  changes  or  alterations  therein 
be  necessary,  the  same. shall  be  made  and  shall  then  be  transmitted  to  the 
county  superintendent  of  public  instruction.  Said  report  shall  show: 

First.  The  number  of  children,  male  and  female,  white  and  colored, 
designated  separately,  residing  in  the  district,  or  part  of  district,  on  the 
fifteenth  day  of  January  previous  to  the  date  of  such  report,  over  the  age 
of  six  and  under  the  age  of  twenty-one  years. 

Second.  The  number  of  children  attending  the  school  during  the  year, 
their  sex,  and  branches  studied. 

Third.  The  length  of  time  a  school  has  been  taught  in  the  district  by 
a  qualified  teacher,  the  name  of  the  teacher,  and  the  wages  paid. 

Fourth.  The  amount  of  money  received  from  the  county  treasurer  aris- 
ing from  disbursements  of  the  State  annual  school  fund,  the  amount  re- 
ceived from  district  taxes,  and  the  amount  received  from  all  other  sources 
during  the  year,  and  the  manner  in  which  all  moneys  have  been  expended. 

Fifth.  The  amount  of  money  raised  by  the  district  in  such  year,  and  the 
purpose  for  which  it  was  raised. 

Sixth.  The  kind  of  books  used  in  the  school,  and  such  facts  and  statistics 
in  regard  to  the  district  school  as  the  county  superintendent  may  require. 
(8089.) 

History.  S.  1893,  Sec.  5784,  as  amended  by  L.  1897,  p.  268;  effective 
February  26,  1897. 

Note. — Until  this  report  is  made  districts  may  not  participate  in 
State  and  County  apportionments.  This  report  is  also  required  of  city 
districts.  See  Sec.  73. 

Sec.  73.     Penalty  for  False  Report:     Every  clerk  of  a  district  who  shall 
wilfully   sign  a   false  report  to   the  county  superintendent  of  his   county, 
shall  be  deemed  guilty  of  a  felony,  and  punished  by  confinement  in  the  peni- 
tentiary for  not  less  than  one  year  nor  more  than  three.     (8090.) 
History.     S.   1893,   Sec.   5785. 

Sec.  74.  Report  of  Persons  Liable  to  Taxation:  It  shall  be  the  duty  of  the 
several  districts  clerks  of  this  State  to  make  out  a  certified  list  of  all  per- 
sons residing  within  their  respective  districts  liable  to  pay  taxes,  and  trans- 
mit the  same  to  the  county  clerks  of  their  respective  counties  on  or  before 
the  twenty-fifth  day  of  May  annually.  (8091.) 
History.  S.  1893,,  Sec.  5786. 

Sec.  75.  Report  of  Clerk  to  County  Superintendent:  The  district  clerk 
shall  report  to  the  county  superintendent  in  writing  the  names  and  post 
office  address  of  the  district  officers  elected  within  two  weeks  after  said  offi- 
cers shall  have  been  elected  or  appointed  and  qualified.  The  clerk  shall  also 
report  to  the  county  superintendent  the  time  of  the  commencement  of  each 
term  of  school,  within  two  weeks  of  the  cQmme.ncein.eut  of  such  term. 
(.8092.) 

History.     S.    1893,   Sec.   5787.  r_ 

—26— 


Sec.  76.  Bond  of  Treasurer,  Suit  On:  The  treasurer  of  the  school 
district  shall  execute  to  the  district  a  bond  in  double  the  amount,  as  near 
as  it  can  be  ascertained,  to  come  into  his  hands  as  treasurer  during  each 
year,  with  sufficient  sureties  to  be  approved  by  the  county  superintendent  of 
public  schools,  conditioned  that  he  will  faithfully  discharge  and  perform  all 
the  duties  of  his  office;  and  such  bond  shall  be  taken  in  the  name  of  the 
district.  Such  bond  shall  be  justified  by"  the  affidavit  of  the  principal  and 
sureties  as  required  by  law  in  other  cases;  and  the  director  of  the  district 
and  the  county  superintendent  of  public  instruction  are  hereby  authorized 
to  administer  the  oaths  for  the  justification  of  the  treasurer  and  his  sureties. 
Said  bond  shall  be  filed  with  the  county  superintendent  of  public  instruction, 
and  in  case  of  the  breach  of  any  condition  thereof,  the  county  superintendent, 
or  the  director  or  clerk  of  the  district  shall  cause  a  suit  to  be  commenced 
thereon  in  the  name  of  the  district,  and  the  money  collected  in  such  suit 
shall  be  applied  by  the  board  to  the  use  of  the  district  as  the  same  should 
have  been  applied  by  the  treasurer.  If  the  county  superintendent,  clerk 
and  director  shall  fail  and  refuse  to  prosecute  said  treasurer,  then  any  tax- 
payer of  the  district  may  cause  such  prosecution  to  be  instituted  as  provided 
in  this  article.  (8094.) 

History.     S.    1893,   Sec.   5789,   as   amended  by  L.  1901,  p.  200. 

Sec.  77.  Duty  of  Treasurer:  The  treasurer  of  such  district  shall  pay  out 
on  the  order  of  the  clerk  of  the  district,  attested  by  the  seal  thereof,  and 
countersigned  by  the  director  of  such  district,  all  public  moneys  which  shall 
come  into  his  hands  for  the  use  of  the  district.  (8095.) 

History.  S.  1893,  Sec.  5790,  as  amended  by  L.  1901,  p.  201;  effect- 
ive March  4,  1901. 

Note. — No  warrant  or  order  should  be  drawn  by  the  clerk  unless 
ordered  by  the  board  or  the  annual  meeting.  When  warrants  are  or- 
dered drawn,  they  should  be  written  at  that  time,  signed  by  the  di- 
rector and  registered  by  the  treasurer.  See  sections  82  and  90. 

Sec.  78.  Depository:  No  treasurer  of  any  city,  town  or  village,  treasurer 
of  the  board  of  education  of  any  city,  township  treasurer,  nor  school  district 
treasurer  in  this  state,  shall  deposit  any  of  the  money  belonging  to  such 
city,  town,  village,  the  board  of  education  of  such  city,  township  treasurer 
or  school  district  treasurer,  in  any  bank  which  will  not  pay  for  such  money 
not  less  than  three  per  cent  interest  on  the  average  daily  balances  of  all 
such  money  in  said  bank;  provided  such  interest  shall  become  a  part  of  the 
funds  on  deposit. 

History.     H.   B.   396,   L.    1911. 

Sec.  79.  Penalty:  Any  such  treasurer  who  violates  Section  78  of  this 
Article  shall  _be  guilty  of  malfeasance  in  office  and  shall  be  subject  to  re- 
moval from  office. 

History.     H.   B.   396,  L.   1911.     Approved  March  11,   1911. 

Sec.  80.  Payment  of  School  Funds  by  County  Treasurer:  The  county 
treasurer  shall  pay  to  each  district  treasurer  from  time  to  time  all  school 
moneys  in  the  county  treasury  belonging  to  the  district,  upon  the  order 
of  the  clerk  and  director  of  the  district;  provided,  that  said  order  shall  be 
accompanied  by  a  certificate  from  the  county  superintendent  stating  that 
said  treasurer  has  executed  and  filed  his  bond  as  required  by  law;  but  such 
order  and  certificate  shall  not  be  necessary  except  the  first  time  money 
is  desired  to  be  paid  to  him  by  the  county  treasurer  after  his  qualification. 
(8096.) 

History.     L.    1901,    p.   201;    effective  March  4,  1901. 

—27— 


Sec.  81.  Warrants — How  Paid:  Said  district  treasurer  shall  pay  on  pre- 
sentation any  warrant  or  other  order  properly  drawn  on  any  fund  in  his 
custody  by  virtue  of  his  office;  provided,  there  is  sufficient  money  in  his 
iiands  belonging  to  the  fund  upon  which  said  warrant  or  order  is  drawn 
to  pay  the  same;  and  when  paid  he  shall  write  across  the  face  of  said  war- 
rant or  order  in  red  ink  the  word  "Paid,"  the  date  when  paid,  the  amount 
of  principal  and  interest,  if  any  paid,  and  shall  sign  the  same  officially. 
(8097.) 

History.     L.    1901,   p.    201;    effective  March  4,  1901. 

Sec.  82.  Warrants  to  Be  Registered:  In  case  there  is  not  sufficient 
money  in  the  hands  of  any  such  treasurer  belonging  to  the  particular 
fund  drawn  on  to  pay  any  warrant  or  order  when  presented  for  payment 
it  shall  be  the  duty  of  such  treasurer  to  make  a  certificate  of  that  fact  upon 
the  back  of  any  such  warrant  or  order,  and  to  date,  sign,  and  number  the 
same  in  regular  order  and  he  shall  set  down  and  enter  in  a  book  to  be 
kept  for  that  purpose  the  registry  number,  amount,  date,  and  upon  what 
fund  drawn,  to  whom  payable,  and  the  date  when  presented  for  payment, 
as  provided  in  the  preceding  section,  and  all  such  warrants  or  orders  shall 
be  paid  in  their  order  of  presentation  for  payment  and  of  their  registration 
as  shown  by  said  book;  and  said  books  shall  be  known  in  each  such  offices 
as  the  "Warrant  Register."  And  all  warrants  after  registration  shall  draw 
interest  at  the  rate  of  six  per  cent  per  annum  from  the  date  of  such  registra- 
tion until  fully  paid;  and  such  registration  books  shall  be  open  to  the  in- 
spection of  any  person  interested  at  all  reasonable  times.  (8098.) 
History.  L,.  1901,  p.  202;  effective  March  4,  1901. 

Note. — Treasurer    must     register  all   warrants.      See   section   90.      See 
note    to   section    77. 

Sec.  83.  Warrants  Paid  in  Registration — Publication  of  List:  Whenever 
any  money  shall  come  into  his  hands  by  virtue  of  his  office,  it  shall  be  the 
duty  of  such  district  treasurer  to  set  apart  a  sufficient  sum  from  the  several 
funds  to  which  said  money  belongs  to  pay  all  warrants  or  orders  that  may 
have  been  registered  against  said  several  funds  in  compliance  with  the  pro- 
visions of  this  article;  or  so  much  of  said  money  as  shall  be  necessary  for 
euch  purpose.  And  if  such  money  in  any  fund  is  not  sufficient  to  pay  all  the 
warrants  and  orders  registered  against  said  fund,  he  shall  set  apart  said 
money  for  the  payment  of  the  warrants  registered  against  the  fund  to 
which  said  money  may  belong  until  said  money  is  exhausted;  and  he  shall 
keep  the  money  so  set  apart  until  it  is  called  for  by  the  person  to  whom 
it  is  payable;  and  it  shall  be  the  duty  of  said  treasurer  to  post  up  in  three 
public  places  in  his  district  between  the  fifteenth  and  the  last  days  of  Febru- 
ary and  August  in  each  year  a  list  of  the  warrants  or  orders  unpaid,  and  for 
the  payment  of  which  he  has  sufficient  funds  in  his  hands,  and  one  of  which 
shall  be  posted  on  the  door  of  the  school  house  of  his  district;  and  from 
and  after  thirty  days  after  such  posting,  interest  shall  cease  upon  the  war- 
rants which  he  has  so  posted  as  being  payable.  (8099.) 
History.  L,.  1901,  p.  202;  effective  March  4,  1901. 

Sec.  84.  Annual  Report  of  Treasurer:  The  treasurer  shall  keep  a  book 
in  which  he  shall  keep  and  enter  an  account  of  all  moneys  received  and  dis- 
bursed by  him,  specifying  particularly  the  source  from  which  money  has 
been  received  and  the  person  or  persons  to  whom  and  the  objects  for  which 
the  same  was  paid  out.  He  shall  present  to  the  district  at  each  annual  meet- 
ing a  report  in  writing  containing  a  statement  of  all  moneys  received  by  him 
from  the  county  treasurer  during  the  year;  also  all  moneys  collected  by  him 
during  the  year  from  assessments  in  his  district,  and  of  the  disbursements 
made  by  him,  with  the  item  of  such  disbursements  and  shall  exhibit  the 

—28— 


vouchers  therefor;  and  the  same  shall  be  examined  at  such  annual  meeting 
of  the  district  and  if  found  correct  shall  be  approved.  Said  report  shall  be 
in  writing  and  shall  be  by  the  district  clerk  recorded  at  length;  and  within 
ten  days  after  such  annual  meeting  said  district  treasurer  shall  present  a 
copy  of  said  report  to  the  county  superintendent  of  public  instruction  of  his 
county,  together  with  all  the  vouchers  for  disbursements  by  him  made,  and 
said  county  superintendent  shall  examine  the  report  and  vouchers  and  if 
he  finds  the  same  correct,  he  shall  approve  it;  but  if  not  found  correct,  he 
shall  take  such  steps  as  the,  law  and  the  facts  may  require;  and  at  the 
close  of  his  term  of  office  the  said  treasurer  shall  settle  with  the  county 
superintendent  and  shall  turn  over  to  his  successor  all  the  books,  Vouchers, 
orders,  warrants  and  papers  coming  into  his  hands  as  the  treasurer  of  such 
district  together  with  all  moneys  remaining  in  his  hands  as  such  treas- 
urer. (8100.) 

History.     S.   1893,    Sec.    5793,   as  amended  by  L.  1901,  p.  203;  effective 
March    4,    1901. 

Sec.  85.  Books  and  Records — Open  for  Inspection:  The  books,  records, 
papers,  vouchers  and  other  archives  of  the  school  district  treasurer's  office 
shall  be  open  at  all  times  to  the  inspection  and  examination  of  the  county 
superintendent,  the  district  clerk  and  director,  and  to  all  persons  holding 
obligations  against  said  district.  (8101.) 

History.     L..    1901,   p.    204;    effective  March   4,   1901. 

Sec.  86.  Disbursement  of  School  Funds:  All  public  funds  of  any  county 
or  of  any  sub-division  thereof  shall  be  disbursed  only  in  the  payment  of 
legal  warrants,  bonds  and  interest  coupons. 

Sec.  87.  Manner  of  Payment:  It  is  hereby  made  the  duty  of  every 
officer  authorized  to  allow,  issue,  draw  or  attest  any  warrant  or  certificate 
of  indebtedness  against  the  public  funds  of  any  county,  city,  (.own,  town- 
ship, board  of  education,  school  district  or  any  other  sub-division  of  the 
county;  to  issue,  draw  and  record  all  warrants,  bonds,  and  interest  coupons, 
in  the  numerical  order  issued  on  each  fund,  beginning  with  number  one 
and  issuing  the  same  consecutively  during  the  fiscal  year.  At  the  begin- 
ning of  each  fiscal  year  a  new  series  shall  be  commenced,  and  said  series 
shall  be  designated  by  writing  the  fiscal  year  on  the  warrant  or  certificate 
of  indebtedness  for  which  the  levy  to  pay  the  same  has  been  made. 

Sec.  88.  Defining  Terms:  The  term  "estimate  made  and  approved"  as 
used  herein,  is  defined  to  mean  the  itemized  statement  of  the  estimated 
needs  of  municipality  for  its  current  expenses  for  the  ensuing  fiscal  year,  as 
approved  and  fixed  by  the  excise  board  or  by  vote  of  the  municipality, 
adding  thereto  the  amount  necessary  to  create  a  sinking  fund  to  meet  matur- 
ing bonds,  judgments  and  interest  coupons,  but  the  amount  or  limit  to  which 
warrants  and  certificate  of  indebtedness  may  be  issued,  shall  not  include  the 
ten  per  cent  to  be  added  to  the  estimate  for  delinquent  taxes. 

Sec.  89.  Drawn  on  Specific  Fund:  Each  and  every  warrant  or  certificate 
of  indebtedness  must  be  drawn  against  a  specific  fund,  and  there  shall  be 
shown  on  such  warrant,  or  certificate  of  indebtedness,  by  the  officer  or 
person  issuing,  drawing  or  attesting  the  same,  the  amount  of  the  estimate 
made  and  approved  by  such  purpose  for  the  fiscal  year  or  the  specific 
amount  authorized  by  a  bond  issue  for  said  purpose;  the  amount  of  war- 
rants or  certificates  of  indebtedness  issued  or  drawn  against  said  fund  and 
the  net  balance  to  the  credit  of  said  fund.  As  soon  as  said  warrant,  cer- 
tificate of  indebtedness,  or  bond  is  issued,  the  same  shall  be  at  once  signed 
and  attested  and  forthwith  delivered  by  the  officer  attesting  the  same,  to 

—29— 


the  treasurer  of  the  county  or  sub-division  thereof,  issuing  the  same  for 
registration. 

Sec.  90.  Treasurer  Must  Register  Warrants:  It  is  hereby  the  duty 
of  the  treasurer  of  the  county,  or  the  treasurer  of  any  sub-division  thereof, 
to  whom  a  warrant,  certificate  of  indebtedness  or  bond  is  directed  for  pay- 
ment, to  register  the  same  in  a  book  to  be  kept  for  that  purpose  by  entering 
therein  the  number,  the  date,  the  name  of  the  payee,  the  fund  upon  which 
it  is  drawn  and  the  amount,  and  by  writing  in  the  warrant  or  evidence  of 
indebtedness,  the  date  of  registration,  his  name  and  official  title.  All  war- 
rants, certificates  of  indebtedness  or  bonds  shall  be  registered  in  the  same 
numerical  order  in  which  they  have  been  issued,  and  when  so  registered 
shall  be  returned  to  the  officer  attesting  the  same.  No  warrant,  certificate 
of  indebtedness  or  bond  shall  be  a  valid  charge  until  registered  by  the  treas- 
urer of  the  municipality  issuing  the  same.  Warrants  and  all  evidences  of 
indebtedness  shall  bear  interest  at  the  legal  rate  from  and  after  its  regis- 
tration by  the  treasurer,  unless  there  is  cash  on  hand  to  pay  the  same 
when  presented  for  registration  and  then  the  treasurer  shall  make  the 
same  "payable"  after  registering  the  same,  and  no  interest  shall  be  com- 
puted or  alowed  thereon  when  paid.  When  the  treasurer  has  money  on 
hand  to  pay  warrants  duly  registered,  he  shall  publish  notice  thereof  in  one 
issue  of  a  newspaper,  or  by  posting  five  notices  in  public  places,  and  interest 
shall  cease  on  said  warrants  after  thirty  days  from  the  date  of  said  publica- 
tion or  posting  of  said  notices. 

Sec.  91.  Limit  of  Issue:  Warrants  and  certificates  of  indebtedness  may 
be  issued  to  the  amount  of  the  estimate  made  and  approved  by  the  excise 
board  for  the  current  fiscal  year  or  to  the  amount  authorized  for  such  pur- 
pose by  a  bond  issue. 

Sec.  92.  Illegal  Issuance  of  Warrants:  It  shall  be  unlawful  for  any 
officer  to  issue,  approve,  sign,  attest  or  register  any  warrant  or  certificate 
of  indebtedness  in  any  form  in  excess  of  the  estimate  of  expenses  made  and 
approved  for  the  current  fiscal  year  or  authorized  for  such  a  purpose  by  a 
bond  issue,  and  any  such  warrant  or  certificate  of  indebtedness  issued,  ap- 
proved, attested  or  registered  in  excess  of  the  estimate  made  and  approved 
or  authorized  by  a  bond  issue,  shall  not  be  a  charge  against  the  munici- 
pality upon  which  it  is  issued,  but  may  be  collected  by  civil  action  from  any 
officer  issuing,  drawing,  approving,  signing,  attesting,  registering  or  paying 
the  same,  or  from  either  or  all  of  them  or  from  their  bondsmen. 

Sec.  93.  Treasurer's  Penalty:  Any  treasurer  who  shall  register  or  pay 
a  warrant,  or  certificate  of  indebtedness,  issued  in  excess  of  the  estimate 
made  and  approved  by  the  excise  board  for  the  current  fiscal  year,  or  in  ex- 
cess of  a  bond  issue  for  such  purpose,  shall  be  guilty  of  a  misdemeanor. 

Sec.  94.  Unlawful  to  Approve  or  Sign  Certain  Warrants:  It  shall  be 
unlawful  for  the  board  of  county  commissioners,  the  city  council  or  the 
commisisoners  of  any  city,  the  trustees  of  any  town,  board  of  education, 
township  board,  school  district  board  or  any  member  or  members  of  the 
aforesaid  commisisoners,  or  of  any  of  the  above  named  boards,  to  make 
any  contract  for,  incur,  acknowledge,  approve,  allow  or  authorize  any  in- 
debtedness against  their  respective  municipality  or  authorize  it  to  be  done 
by  others,  in"  excess  of  the  estimate  made  and  approved  by  the  excise 
board  for  such  purpose  for  such  current  fiscal  year,  or  in  excess  of  the 
specific  amount  authorized  for  such  purpose  by  a  bond  issue.  Any  such 
indebtedness,  contracts,  incurred,  acknowledged,  approved,  allowed  or  au- 
thorized in  excess  of  the  estimate  made  and  approved  for  such  purpose  for 

—30— 


such  current  fiscal  year  or  in  excess  of  the  specific  amount  authorized  for 
such  purpose  by  a  bond  issue,  shall  not  be  a  charge  against  the  municipality 
whose  officer  or  officers  contracted,  incurred,  acknowledged,  approved,  al- 
lowed or  authorized  or  attested  the  evidence  of  said  indebtedness,  but  may 
be  collecte  by  civil  action  from  any  official  contracting,  incurring,  acknowledg- 
ing, approving  or  authorizing  or  attesting  such  indebtedness,  or  from  his 
bondsmen. 

Sec.  95.  General  Penalty:  Any  officer  contracting,  incurring,  acknowl- 
edging, authorizing,  allowing  or  approving  any  indebtedness,  or  any  officer 
issuing,  drawing,  or  attesting  any  warrant  or  certificate  of  indebtedness  in 
excess  of  the  estimate  made  and  approved  by  the  excise  board  for  such 
purpose  for  such  current  fiscal  year  or  in  excess  of  the  specific  amount  au- 
thorized for  such  purpose  by  a  bond  issue,  or  who  violates  any  other  pro- 
vision of  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  one  hundred  dollars  or  more  than  one 
thousand  dollars,  and  shall  forfeit  and  be  removed  from  his  office. 

Sec.  96.  Repeal:  All  acts  or  parts  of  acts  in  conflict  herewith  are 
hereby  repealed  to  the  extent  of  such  conflict. 

Approved  March  15,  1911. 

History.        Sees.     86-96    inclusive.     S.   B.    100,   L.    1911. 

Sec.  97.  Treasurer  Refusing  to  Pay  Over — Penalty:  If  any  district 
treasurer  shall  refuse  to  pay  over  to  his  successor  any  money  in  his  hands 
belonging  to  the  district,  it  shall  be  the  duty  of  his  successor  in  office  to 
prosecute  without  delay  the  official  bond  of  said  treasurer  for  the  recovery 
of  such  money.  And  in  case  such  successor  shall  fail  or  neglect  to  proceed, 
any  taxpayer  of  the  district  may  prosecute  such  suit  in  the  name  of  the 
district.  Any  treasurer  who  shall  wilfully  fail,  refuse  or  neglect  to  pay  over 
any  money  in  his  hands  belonging  to  the  district  shall  be  deemed  guilty  of 
embezzlement  and  upon  conviction  thereof,  shall  be  punished  in  the  manner 
prescribed  for  the  felonious  stealing  of  property  of  the  value  of  that  em- 
bezzled. (8102.) 

History.     S.   1893,   Sec.   5794,  as  amended  by  L.   1901,  p.   204;  effective 
March    4,    1901. 

Sec.  98.  County  School  Fund:  The  county  commissioners  shall  at  the 
lime  the  annual  taxes  for  State  and  county  purposes  are  levied,  levy  on 
the  taxable  property  of  the  county  a  tax,  not  to  exceed  one  per  cent, 
which  shall  be  collected  as  other  taxes;  and  the  money  so  realized  together 
with  the  proceeds  of  all  moneys  collected  from  fines,  forfeitures,  penalties, 
proceeds  from  the  sale  of  estrays  and  all  moneys  paid  by  persons  as  equiva- 
lent for  exemption  from  military  duty,  and  all  moneys  collected  from  mar- 
riage licenses,  shall  constitute  a  county  school  fund,  and  be  appropriated  ex- 
clusively for  the  purpose  of  establishing  and  supporting  public  schools  for 
not  less  than  three  nor  more  than  nine  months  in  each  year,  and  defraying 
current  expenses  of  the  same  of  every  description;  and  said  county  school 
fund  shall  be  apportioned  to  each  school  district  in  said  county  in  proportion 
to  the  number  of  children  over  the  age  of  six  years  and  under  the  age 
of  twenty-one  years,  resident  therein,  as  shown  by  the  last  annual  enumera- 
tion of  the  same.  The  county  treasurer  shall  pay  to  each  district  treasurer 
in  the  county  all  school  moneys  in  the  county  treasury  belonging  to  the 
district,  upon  the  order  of  the  director  and  clerk  of  the  district;  provided, 
that  said  order  shall  be  accompanied  by  a  certificate  from  the  district 

—31— 


clerk,  stating  that  the  treasurer  of  the  district  has  executed  and  filed  his 
bond  as  required  by  law.     (8103.) 

History.     S.    1893,    Sec.    5791. 

Construed.     A.    T.   &  S.   F.   R.   R.    Co.   et  al.   v.   Haynes  et  al.(    S   Ok.    r.TG, 
58    P.    738. 

This  entire  chapter  is  comprehensive,  and  covers  every  phase  of  the 
public  school  system.  A.  T.  &  S.  F.  R.  R.  Co.  et  al  v.  Haynes,  8  Ok. 
576,  58  P.  738. 

Fines  and  forfeitures.  This  section  repeals  Sec.  2841.  Board  <»f 
Education  v.  Haralson,  2  Ok.  170,  ;57  P.  1063. 

Same — money  colected  under  provisions  of  crimes  act  constitutes  a 
county  school  fund,  and  must,  when  collected,  be  placed  in  such 
fund.  Id. 

Same — mandamus  will  lie  to  compel  treasurer  to  credit  school 
fund  with  such  amount.  Id. 

Note. — Levy  made  by  county  excise  board.     See  Sec.  350. 

Sec.  99.  District  Tax  Not  Collected:  When  a  school  district  tax  has 
been  voted,  and  from  the  fault  or  negligence  of  any  officer  or  any  other 
cause  has  not  been  levied  and  collected  in  any  one  year,  the  same  shall 
be  added  to  and  collected  with  the  taxes  of  the  following  year;  and  the 
county  treasurer  shall  pay  over  to  the  treasurers  of  the  respective  school 
districts  all  the  taxes  he  may  have  collected  for  said  districts  on  the 
order  of  the  district  clerk,  countersigned  by  the  director,  subject  to  the 
provisions  contained  in  the  preceding  section.  (8104.) 

History.     S.    1893,    Sec.    5792. 

Sec.  100.  District  Treasurer  Shall  Pay  Money  Remaining:  The  treas- 
urer shall  keep  a  book  in  which  he  shall  enter  all  the  moneys  received 
and  disbursed  by  him,  specifying  particularly  the  source  from  which 
money  has  been  received,  and  the  person  or  persons  to  whom,  and  the 
object  for  which  the  same  has  been  paid  out.  He  shall  present  to  the 
district  at  each  annual  meeting  a  report  in  writing,  containing  a  state- 
ment of  all  moneys  received  by  him  from  the  county  treasurer  during 
the  year;  also  all  moneys  collected  by  him  during  the  year  from  assess- 
ments in  the  district,  and  of  the  disbursements  made  by  him,  with  the 
items  of  such  disbursements,  and  exhibit  the  vouchers  therefor,  which 
report  shall  be  recorded  by  the  district  clerk,  and  at  the  close  of  his  term 
of  office  shall  settle  with  the  district  board,  and  shall  hand  over  to  his 
successors  said  books  and  all  receipts,  vouchers,  orders  and  papers  com- 
ing into  his  hands  as  treasurer  of  the  district,  together  with  all  moneys 
remaining  in  his  hands  as  such  treasurer.  (8105.) 

History.     S.    1893,    Sec.    5793. 

Sec.  101.  Penalty  for  Failure  to  Pay  Money:  If  any  district  treas- 
urer shall  refuse  or  neglect  to  pay  over  any  money  in  his  hands,  belong- 
ing to  the  district,  it  shall  be  the  duty  of  his  successor  in  office  to  prose- 
cute without  delay  the  official  bond  of  such  treasurer  for  the  recovery 
of  such  money.  And  said  district  treasurer  who  shall  refuse  or  neglect 
to  pay  over  any  money  in  his  hands  belonging  to  the  district  shall  be 
guilty  of  a  felony  and  shall  be  imprisoned  in  the  penitentiary  for  a  period 
of  not  less  than  one  year  nor  more  than  five.  (8106.) 

History.     S.    1893,    Sec.    5794. 

Sec.  102.  Misdemeanor  Not  to  Deliver  Records.  Every  school  district 
clerk  or  treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor 
in  office  all  records,  books  and  papers,  belonging  to  his  office,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  any  sum  of  not  less  than  one 


hundred    dollars,    nor    more    than    five    hundred,    or    be    imprisoned    in    the 
county  jail  for  a  period  of  six  months.     (8107.) 

History.     S.    1893,   Sec.    5795. 

Sec.  103.  Powers  and  Duties  of  Board:  The  district  board  shall 
purchase  or  lease  a  site  for  a  school  house  as  shall  have  been  designated 
by  the  voters  of  a  district  meeting,  in  the  corporate  name  thereof,  and 
shall  build,  hire  or  purchase  such  school  house  as  the  voters  of  the  dis- 
t  riot,  in  a  district  meeting,  shall  have  agreed  upon,  out  of  the  funds  provided 
for  that  purpose,  and  make  sale  of  any  school  house  site  or  other  property 
of  the  district,  and,  if  necessary,  execute  a  conveyance  of  the  same  in  the 
name  of  their  office,  when  lawfully  directed  by  the  voters  of  such  district, 
at  any  regular  of  special  meeting,  and  shall  carry  into  effect  all  lawful 
orders  of  the  district.  (8108.) 

History.     S.    l.S!»3,    Sec.    5796. 

School    house    can    only    be    removed    from    its    location    by    authority 
of  people  of  district.     Stayton  v.   Butchee  et  al.,  16  Ok.  232,  82.  P.  726. 
Same  —  vote    of    people    not    required  where  new  school  house  building 
aulhori/.od,   and   no  change   of  site  is  made.     Id. 

Change    in    school    district  —  previously    selected     site    may    be    used 
without    re-submitting    question    to  people   of   district.     Id. 
School    site  —  gift.     Title    passes    upon  acceptance.     Id. 

Sec.  104.  Care  of  School  Property:  The  district  board  shall  have  the 
care  and  keeping  of  the  school  house  and  other  property  belonging  to  the 
district.  They  shall  have  power  to  make  such  rules  and  regulations  as  they 
deem  proper,  and  may  appoint  some  suitable  person  to  take  charge  of 
the  school  apparatus,  maps,  charts,  etc.,  belonging  to  the  district.  (8109.) 
History.  S.  ISfK),  Sec.  5797. 

Sec.  105.  Non-Resident  Pupils:  The  district  board  shall  have  power 
to  admit  scholars  from  adjoining  districts;  provided,  that  said  pupils  shall 
nay  a  tuition  fee,  which  fee  shall  be  prescribed  by  the  district  board.  (8110.) 
(8110.) 

History.     S.    1893,    Sec.    5798. 

Validity  of  statute  giving  non-resident  of  school  district,  right  to  at- 
school    without   charge.    24    L.  R.    A.    (ns)    1104-n. 


Sec.  106.  Teacher's  Contract:  The  district  board  of  each  district 
shall  contract  with  and  hire  qualified  teachers  for  and  in  the  name  of  the 
district,  which  contract  shall  be  in  writing,  and  shall  specify  the  wages  per 
week  or  month  as  agreed  upon  by  the  parties,  and  such  confract  shall  be 
filed  in  the  district  clerk's  office,  and,  in  conjunction  with  the  county 
superintendent,  may  dismiss  such  teacher  or  teachers  for  incompetency, 
cruelty,  negligence  or  immorality.  Whenever  any  person  shall  make  and 
filter  into  a  valid  contract  with  any  such  district  board  to  teach  school  in 
such  district,  such  contract  shall  be  binding  upon  such  teacher  until  he 
has  been  legally  discharged  therefrom  according  to  law  or  released  there- 
from by  such  district  board  in  regular  sessions;  and  until  such  person 
shall  have  thus  been  discharged  or  released,  he  shall  not  have  authority 
to  make  and  enter  into  any  valid  contract  with  any  other  such  district 
board  or  board  of  education  in  the  State  of  Oklahoma,  to  perform  services 
ets  teacher  or  instructor  for  a  period  of  time  covered  by  an  existing  valid 
contract  which  said  person  has  made.  No  district  board  or  board  of  edu- 
cation shall  have  authority  to  pay  any  money  or  issue  any  warrants  for 
the  payment  of  money  to  any  person  for  services  as  teacher  or  instructor, 
except  for  services  performed  under  and  by  virtue  of  a  valid  contract 

—33— 


existing  between  such  district  board  and  such  teacher  to  be  paid.     (8111.) 

History.  S.  1893,  Sec.  5799,  as  amended  by  L.  1905,  p.  362;  effective 
April  5,  1905. 

Authority  to  dismiss  teacher.  Section  construed.  School  Dist.  v. 
Gautier,  13  Ok.  194,  73  P.  954. 

Statute  adopted  from  Kansas.  Id.  Citing  10  Kan.  283;  28  Kan. 
345,  40  P.  826. 

Hiring  teachers — contract  must  be  entered  into  as  a  board  and  not 
individual  members  of  the  board.  School  Dist.  v.  Shelton,  26  Ok.  229, 
109  P.  67;  138  Am.  St.  962.  Following  27  Kan.  129. 

Power  of  board  to  appoint  superintendents  or  teachers  for  terms 
extending  beyond  its  own  term.  29  L.  R.  A.  (ns)  657-n. 

Note. — Contracts  for  employing  teachers  may  not  be  made  that  will 
be  binding  under  the  law  until  after  the  estimate  for  the  district  has 
been  made  and  approved.  After  the  annual  meeting  contracts  may 
be  made  to  employ  teachers  that  will  be  binding  upon  the  district 
so  far  as  the  revenues  of  the  district  will  permit. 

Sec.  107.  Board  to  Provide  Supplies:  The  district  board  shall  pro- 
vide the  necessary  supplies  for  the  school  house  during  the  time  the 
school  is  taught  therein,  and  shall  keep  an  accurate  account  of  all  ex- 
penses thus  incurred,  and  present  the  same  for  allowance  at  any  regular 
district  meeting.  (8112.) 

History.     S.    1893,    Sec.    5800. 

Sec.  108.  School  Property  Not  Taxable:  All  property  held  by  the 
school  district  of  any  school  district  in  this  State  for  the  use  of  public 
schools  shall  be  exempt  from  taxation,  and  shall  not  be  taken  in  any  man- 
ner for  any  debt  due  from  the  district.  (8114.) 

History.     S.    1893,    Sec.    5802. 

Sec.  109.  Suspension  of  Pupils:  The  teachers  may  suspend  from  the 
privileges  of  a  school  any  pupils  guilty  of  immorality  or  persistent  viola- 
tion of  the  regulations  of  the  school,  which  suspension  shall  not  extend 
beyond  the  current  quarter  of  the  school;  provided,  that  the  pupil  sus- 
pended shall  have  the  right  to  appeal  from  the  decision  of  said  teacher  to 
the  board  or  directors  which  shall,  upon  a  full  investigation  of  the  charges 
preferred  against  said  pupil,  determine  as  to  the  guilt  or  innocence  of  the 
offense  charged,  whose  decision  shall  be  final.  (8115.) 

History.     S.   1893,   Sec.   5803. 

Right  to  exclude,  suspend,  or  expel  pupils  for  misconduct  of  them- 
selves or  parents.  41  L.  R.  A.  593-n. 

110.  Teacher's  Daily  Register — Visitation  of  Board:  The  district 
board  shall  furnish  each  teacher  with  suitable  daily  register,  and  shall 
visit  together,  or  by  one  or  two  of  their  number,  all  the  schools  of  their 
districts,  at  least  twice  a  term,  and  at  such  other  periods  during  the  term 
as  in  their  opinion  the  exigencies  of  each  school  may  require;  at  which 
visit  they  shall  examine  the  register  of  the  teacher  and  see  that  it  is 
properly  kept,  and  inquire  into  other  matters  touching  the  school  house, 
facilities  for  ventilation,  furniture,  apparatus,  library,  studies,  discipline, 
modes  of  teaching  and  improvement  of  tlie  schools,  and  confer  with  the 
teacher  with  regard  to  the  condition  and  management,  and  make  such 
suggestions  as  would,  in  their  view,  promote  the  interest  and  efficiency 
of  the  school  and  the  progress  and  good  of  the  pupils.  The  date  and  re- 
sult of  such  visits  shall  be  entered  by  the  clerk  of  the  board  on  their 
minutes.  (8116.) 

History.     S.    1893,    Sec.    5804. 

—34— 


Sec.  111.  Penalty:  Any  member  of  any  school  district  board  or 
county  clerk  or  county  treasurer  who  shall  violate  any  of  the  provisions 
of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred,  or  by  imprisonment  in  the  county  jail  not  less 
than  six  months,  or  by  both  such  fine  and  imprisonment;  and  any  teacher 
who  shall  violate  'any  of  the  provisions  of  this  article  shall  be  liable  to 
immediate  dismissal,  and  it  shall  be  the  duty  of  the  county  superintendent 
to  prosecute  aiid  carry  out  the  provisions  of  this  section.  (8118. ) 

History.     S.    1893,    Sec.    5806.     ' 

Sec.   112.     Disposition   of   Fines:     All  fines   collected  for  any  violation 
of   this   article   shall   be   paid   to   the   treasurer   of   the   county   where   the 
suit  is  brought  for  the  support  of  the  common  schools.     (8119.) 
History.     S.    1893,    Sec.    5807. 

Sec.  113.  Judgments — When  Board  Liable:  Whenever  any  final  judg- 
ment shall  be  obtained  against  any  school  district,  the  district  board 
shall  provide  for  a  tax  on  all  taxable  property  in  the  district  for  the  pay- 
ment thereof;  such  taxes  shall  be  collected  as  other  school  district  taxes, 
but  no  execution  shall  issue  on  such  judgment  against  the  school  district. 
(8120.) 

History.  S.  1893,  Sec.  5808.  Revision:  Changed  in  accordance 
with  the  provisions  of  the  excise  board  law  of  lylO — the  latter  part 
of  the  section,  relative  to  proceedings  in  case  the  board  neglect  to 
make  a  levy,  being  eliminated. 

Judgment  against  school  district  becomes  dormant  in  five  years, 
the  same  as  an  execution,  notwithstanding  this  section.  Wenner  v. 
Board  of  Education,  25  Ok.  515,  106  P.  821. 

Sec.  114.  Removal  of  School  House:  Whenever  a  school  house  or 
other  improvements  have  been  made  upon  the  claim  of  any  settler  upon 
any  of  the  public  or  Indian  lands,  within  this  State,  to  which  the  said 
settler  had  no  title,  it  shall  be  lawful  for  the  school  directors  of  the  proper 
school  district  to  remove  said  school  house  or  other  improvements  from 
the  said  claim  at  any  time  within  one  year  from  the  time  that  the  settler 
in  any  given  case  may  acquire  a  title  to  his  said  claim;  provided,  that  if 
the  said  settler,  in  any  given  case,  shall  convey  to  said  board  of  school 
directors  one  acre  of  land  upon  which  said  school  house  or  other  im- 
provements are  situated,  the  same  shall  not  be  removed;  provided,  further, 
that  if  any  school  house  shall  have  been  built  of  stone,  brick  or  frame  cost- 
ing not  less  than  five  hundred  dollars,  the  county  judge  shall  appoint  three 
disinterested  persons,  who  shall  appraise  and  condemn  one  acre  of  such 
land  upon  which  said  improvements  shall  have  been  located,  and  it  shall 
be  the  duty  of  the  school  directors  of  such  district  to  pay  to  the  owner  of 
such  land  the  value  of  such  land  as  found  by  said  appraisers,  according  to 
the  provisions  of  this  section.  (8121.) 

History.      S.    1893,    Sec.    5809. 

Construed  and  applied.  Stayton  v.  Butchee  et  al.,  16  Ok.  232,  82 
P.  726. 

Sec.  115.  Use  of  School  House:  The  district  board  shall  have  the 
care  and  keeping  of  the  school  house  and  other  property  belonging  to  the 
district,  as  hereinbefore  provided.  They  are  hereby  authorized  to  open  the 
school  house  for  the  use  of  religious,  political,  literary,  scientific,  mechani- 
cal or  agricultural  societies  belonging  in  their  districts,  for  holding  the 
business  of  public  meetings  of  such  societies,  under  such  regulation  as  the 
school  board  may  adopt.  (8124.) 
History.  S.  1893,  Sec.  5810. 

—35— 


Sec.  116.  Construction  of  Building  on  Rental  Plan — Levy... The  school 
district  board  of  any  school  district,  or  board  of  education  of  any  city,  in 
the  State,  if  the  electors  entitled  to  vote  in  school  elections  in  such  districts 
shall  by  a  majority  vote  so  authorize,  shall  have  power  to  contract  for,  ac 
quire  or  construct  necessary  school  buildings  and  additions  thereto,  to  be 
paid  for  by  an  annual  rental  and  to  levy  an  annual  tax  of  not  more  than  three 
mills,  for  the  payment  of  such  rental:  Provided,  however,  that  the  total 
levy  upon  an  ad  valorem  basis  for  all  purposes  within  any  district  shall  not 
exceed  the  amount  authorized  by  Section  9,  of  Article  TO,  of  the  constitu- 
tion. (8060.) 

History.     L.    1907-8,    p.    671;    effective  May  5,   1908. 

Sec.  117.  Contract  To  Be  Approved  by  Election:  Any  contract  made 
under  the  provisions  of  the  preceding  section,  shall  be  approved  by  a  ma- 
jority of  the  voters  of  the  district  present  at  a  regular  school  election,  or 
at  a  special  election  held  for  that  purpose,  notice  of  which  shall  be  given 
by  posting  five  written  or  printed  notices  in  the  district  ten  days  prior  to 
such  meeting  or  by  publication  in  a  newspaper,  if  a  newspaper  is  published 
in  said  district,  in  at  least  ten  issues  of  a  daily  newspaper,  if  a  daily  is  pub- 
lished in  said  district;  and  if  no  daily  newspaper  is  published  in  said  dis- 
trict, notice  shall  be  given  by  publication  in  at  least  two  issues  of  a  weekly 
newspaper,  if  published  in  said  district.  Such  publication  shall  be  not  less 
than  ten  days  prior  to  said  election.  (8061.) 

History.     L.    a.907-8,    p.    671;    effective  May  5,   1908. 

Sec.  118.  Additional  Levy  May  Be  Made,  When.  Where  any  rental  con- 
tract is  entered  into  the  trustees  of  any  school  district  in  this  State,  as  pro- 
vided in  the  second  preceding  section,  where  the  total  amount  to  be  paid 
thereunder  cannot  be  paid  within  ten  years  by  the  three  mill  levy  upon  an 
ad  valorem  basis,  upon  all  the  taxable  property  within  said  district,  an  ad- 
ditional levy  of  an  amount  sufficient  for  such  purposes  may  be  authorized 
py  a  majority  vote  of  the  persons  qualified  to  vote  at  such  school  district 
elections  or  meetings,  at  a  special  election  called  for  that  purpose  by  the 
trustees  or  such  district:  Provided,  however,  that  the  total  amount  of  such 
increased  levy  shall  not  exceed  five  mills  on  the  dollar  of  the  assessed  value 
of  the  taxable  property  in  such  school  district.  Notice  of  such  special  elec- 
tion shall  be  given  as  the  notices  in  the  preceding  section.  (8062.) 
History.  L.  1907-8,  p.  672;  effective  May  5,  1908. 

Sec.  119.  Contracts  Void — When:  That  no  board  of  county  commis- 
sioners of  any  county,  nor  city  council  of  any  city  nor  board  of  trustees 
cf  any  township,  town  or  village,  nor  any  district  board  of  any  school  dis- 
trict in  this  State  shall  make  any  contract  with  any  of  its  members,  or  in 
which  any  of  its  members  shall  be  directly  or  indirectly  interested;  and 
that  all  contracts  made  in  violation  of  this  section  shall  be  wholly  void. 
(7412.) 

History.      L.    1901,    p.    169. 

Sec.  120.  Officer  Liable:  That  every  officer  of  any  county,  township, 
city,  town,  village  or  school  district,  who  shall  hereafter  order  or  direct 
the  payment  of  any  money  or  transfer  of  any  property  belonging  to  such 
county,  township,  city,  town,  "village  or  school  district  in  settlement  of  any 
claim  known  to  such  officers  to  be  fraudulent  or  void,  or  in  pursuance  of 
any  unauthorized,  unlawful,  or  fraudulent  contract  or  agreement  made  or 
attempted  to  be  made,  for  any  such  county,  township,  city,  town,  village 
or  school  district,  by  any  officer,  or  officers  thereof,  and  every  person,  hav- 
ing notice  of  the  facts  with  whom  such  unauthorized,  unlawful  or  fraudu- 
lent contract  shall  have  been  made,  or  to  whom,  or  for  whose  benefit  such 

—36— 


money  shall  hereafter  be  paid  or  such  transfer  of  property  shall  be  made, 
shall  be  jointly  and  severally  liable  in  damage  to  all  innocent  persons  in 
any  manner  injured  thereby,  and  shall  be  furthermore  jointly  and  sev- 
erally liable  to  the  county,  township,  city,  town,  village  or  school  district 
affected  for  double  the  amount  of  all  such  sums  of  money  so  paid,  and 
double  the  value  of  property  so  transferred,  as  a  penalty,  to  be  recovered 
at  the  suit  of  the  proper  officers  of  such  county,  township,  city,  town, 
\illage  or  school  district,  or  of  any  resident  taxpayer  thereof,  as  hereinafter 
provided.  (7413.) 

History.      L.    1901,    p.    169. 

Sec.  121.  Resident  Taxpayer  May  Maintain  Suit:  That  upon  the  re- 
fusal, failure  or  neglect  of  the  proper  officers  of  any  county,  township, 
city,  town,  village  or  school  district,  after  written  demand  made  upon 
them  by  ten  resident  taxpayers  of  such  county,  township,  city,  town, 
village  or  school  district,  to  institute  or  diligently  prosecute  the  proper 
proceedings  at  law  or  in  equity  for  the  recovery  of  any  money  or  prop- 
erty belonging  to  such  county,  township,  city,  town,  village  or  school  dis- 
trict, paid  out  or  transferred  by  any  officer  thereof  in  pursuance  of  any 
unauthorized,  unlawful,  fraudulent  or  void  contract,  made,  or  attempted 
to  be  made,  by  any  of  its  officers  for  any  such  county,  township,  city, 
town,  village  or  school  district,  or  for  the  penalty  porvidcd  in  section  120 
of  this  article,  and  resident  taxpayer  of  such  county,  township,  city,  town, 
village  or  school  district  affected  by  such  payment  or  transfer  after  serv- 
ing the  notice  aforesaid  and  after  giving  security  for  cost,  may  in  the  name 
of  the  State  of  Oklahoma  as  plaintiff,  institute  and  maintain  any  proper 
action  at  law  or  in  equity  which  the  proper  officers  of  the  county,  town- 
ship, city,  town,  village  or  school  district  might  institute  and  maintain 
for  the  recovery  of  such  property,  or  for  said  penalty  and  any  such 
municipality  shall  in  such  event  be  made  defendant,  and  one-half  the 
amount  of  money  and  one-half  the  value  of  the  property  recovered  in  any 
action  maintained  at  the  expense  of  a  resident  taxpayer  under  this  sec- 
tion shall  be  paid  to  such  resident  taxpayer  as  a  reward.  (7414.) 

History.      L.    1901,    p.    170. 


Remember ! 


We  sell  the  best  man- 
ufactured in  our  line. 
We  have  the  goods          They  are  fully  guar- 

in  stock  aned-  ™eyakr,e 

an"   favorably 


known.  They  are  most  extensively  used.  You  always 
know  where  to  get  them.  We  can  please  you  in  every 
particular.  Our  goods  are  right  —  our  prices  are  right, 
too.  That's  why  we  get  the  business.  We  want  your 
business,  too.  It  shall  have  the  best  of  attention- 
satisfaction  guaranteed—  send  it  to 

JASPER  SIPES  CO.  Oklahoma  City 


—37— 


ARTICLE  VII. 
City  Schools  and  Boards  of  Education. 

Section.  Section 

122.     City   to   constitute   separate   dis-       141.     May   issue    bonds, 

trict.  142.     Notice   of   election. 

123.     Annexation       of       territory       for  143.     Qualifications    of    voters;    three- 
school  purposes.  fifths    required. 

124.  School    board    to    be    body    cor-       144.     Form    of   bond — limitation   of   in- 

porate.  debtedness. 

125.  City    to    convey    school    property       145.     Signing      and      indorsement      of 

board.  bonds. 

126.  Same — how    executed.  146.  The   oath   required. 

127.  Board    of    Education — term.  147.  School       bonds       to       reimburse 

128.  "Vacancies  in  board,  how  filled.  cities    and    towns. 

129.  Powers    of    board.  148.  Certain     bonds     validated,     pro- 

130.  Organization.  viso. 

131.  Duty   of  president.  149.  Same. 

132.  Vice    President.  150.  Same — tax    levies    validated. 

133.  Duty    of    clerk.  151.  Limit   of   indebtedness. 

134.  Duties    of    treasurer.  152.  Electors    in    school    elections. 
125.  Superintendent     and     examining  153.  Separate   ballots. 

board.  154.  Investment   of   sinking   fund. 

136.  School   levy.  155.  Payment   of   interest. 

137.  Same — what   property  taxable.            156.  Security   for    payment    of    bonds. 

138.  Meetings.  157.  Clerk  to  register  warrants. 

139.  Annual    report.  158.  Enumeration    of   school    children. 

140.  Expenses. 

Sec.  122.     City  to  Constitute  Separate  District:     Each  city  of  the  first 
class  shall  be  governed  by  the  provisions  of  this  article  and  shall  consti- 
tute a  separate  school  district.     (8009.) 
History.     S.  1893,  Sec.  5831. 

Under  this  provision,  without  the  provision  of  Sec.  123,  the  school 
district  would  be  composed  only  of  territory  within  city  limits.  School 
Dist.  v.  Long,  2  Ok.  460,  37  P.  601. 

Indian  territory — section  applied.  Greennan  et  al.  v.  Carson  et  al., 
25  Ok.  730,  737,  107  P.  925. 

Sec.  123.  Annexation  of  Territory  for  School  Purposes:  Territory 
outside  the  limits  of  any  city,  town  or  village  for  school  purposes,  upon 
application  to  the  board  of  education  of  such  city  by  a  majority  of  the 
electors  of  such  adjacent  territory,  and  upon  such  application  being  made 
to  the  board  of  education  they  shall,  if  they  deem  it  proper  and  to  the 
best  interests  of  the  school  of  said  city,  and  the  territory  seeking  to  be 
attached,  issue  an  order  attaching  such  territory  to  such  city  for  school 
purposes,  and  to  enter  the  same  upon  their  journal;  and  such  territory 
shall  from  the  date  of  such  order  be  and  compose  a  part  of  such  city  for 
school  purposes  only,  and  the  taxable  property  of  such  adjacent  territory 
shall  be  subject  to  taxation  and  shall  bear  its  full  proportion  of  all  expenses 
incurred  in  the  erection  of  school  buildings  and  in  maintaining  the  schools 
of  such  city;  and  whenever  the  territory  so  attached  shall  have  a  popu- 
lation equal  to  that  of  any  one  ward  of  such  city,  or  whenever  the  tax- 
able property  of  such  attached  territory  shall  equal  that  of  any  one  ward 
of  such  city,  such  attached  territory  shall  be  entitled  to  elect  two  mem- 
bers of  the  board  of  education,  who  shall  be  elected,  at  the  same  time 
that  other  members  of  the  board  are  elected,  by  the  qualified  electors  of 
such  territory,  at  an  election  to  be  held  at  such  places  as  the  board  of 
education  may  designate:  Provided,  however,  That  when  a  school  dis- 
trict which  has  been  regularly  laid  out,  formed  and  organized  •  includes 
therein  an  incorporated  town  which  has  become  a  regularly  and  legally 

—38— 


organized  city  of  the  first  class,  the  territory  lying  outside  of  the  city 
limits  which  has  been  included  in  and  was  a  part  of  said  school  district 
at  the  time  said  town  became  a  city  of  the  first  class  and  has  been  treated 
as  a  part  of  the  city  school  district,  shall  continue  to  be  a  part  of  said 
school  district  and  shall  be  governed  by  the  provisions  of  this  articl« 
Provided,  further,  That  in  all  cases  where  any  town  has  heretobefore  beeu 
organized  as  and  declared  to  be  a  city  of  the  first  class,  the  territory  lying 
outside  of  the  city  limits  and  which  was  a  part  of  the  school  district 
including  said  town,  at  the  time  of  the  change  from  a  town  to  a  city  of 
the  first  class,  and  has  since  been  treated  as  a  part  of  the  city  school  dis- 
trict under  the  management  and  control  of  the  board  of  education  of  the 
city,  is  hereby  declared  to  be  a  part  of  the  said  city  school  district;  and 
all  acts  of  the  board  of  education  of  said  city  school  district  including  said 
adjoining  territory,  all  elections  held  therein  for  the  purpose  of  author- 
izing the  issuance  of  bonds  or  for  any  other  legal  purpose,  and  all  levies 
of  taxes  made  by  said  board  of  education  against  the  taxable  property 
therein,  are  hereby  legalized  and  declared  to  be  legal  and  binding.  (8010.) 

History.  S.  1893,  Sec.  5832,  as  amended  by  L.  1909,  p.  55;  effect- 
ive March  20,  1909.  Revision. 

The  words  "adjacent"  and  "adjoining,"  as  used  in  above  section 
distinguished.  School  Dist.  v.  Long,  2  Ok.  460,  37  P.  601. 

Same— what    lands    may    be    attached.     Id. 

Presumption  of  validity — acts  of  board.  Where  petiton  filed  by 
electors  to  have  adjacent  territory  attached  for  school  purposes,  pre- 
sumption that  board  made  order  of  attachment  only  upon  its  being 
ascertained  that  petition  was  signed  by  a  majority  of  the  electors 
as  required.  Board  of  Education  v.  Boyer,  5  Ok.  225,  47  P.  1090. 
Citing  2  Ok.  460,  37  P.  601. 

Same.  This  section  before  amendment  and  Sec.  122,  limited  author- 
ity of  superintendent  contained  in  Sec.  33  to  country  districts.  Id. 

Old  section  adopted  from   Kansas.     Id. 

Note. — County  Superintendent  has  no  choice  in  attaching  territory 
to  a  city  school  district. 

Sec.  124.  School  Board  To  Be  a  Body  Corporate.  The  public  schools  of 
each  city  organized  in  pursuance  of  this  article  shall  be  a  body  corporate 
and  shall  possess  the  usual  power  of  corporation  for  public  purposes,  by 

the  name  and  style  of,  "The  Board  of  Education  of  the  City  of 

of  the  State  of  Oklahoma,"  and  in  that  name  may  sue  or  be  sued  and  be 
capable  of  contracting  or  being  contracted  with,  of  holding  and  conveying 
such  personal  and  real  estate  as  it  may  come  into  possession  of,  by  will  or 
otherwise,  or  as  is  authorized  to  be  purchased  by  the  provisions  of  this 
article.  (8011.) 

History.     S.  1893,  Sec.  5833. 

Indian  territory — section  applied.  Grennan  et  al.  v.  Carson  et  al.,  25 
Ok.  730,  737,  107  P.  925. 

Sec.  125.  City  to  Convey  School  Property  to  Board.  Any  city  of  the 
first  class  is  hereby  authorized  and  required,  upon  the  request  of  the  board 
of  education  of  such  city,  to  convey  to  such  board  of  education  all  property 
within  the  limits  of  any  such  city  heretofore  purchased  by  any  such  city  for 
school  purposes,  and  now  held  and  used  for  such  purposes,  the  title  to  which 
is  vested  in  any  such  city.  (8012.) 
History.  S.  1893,  Sec.  5834. 

Sec.  126.  Same — How  Executed.  All  conveyances  of  the  property 
mentioned  in  the  preceding  section  shall  be  signed  by  the  mayor  and  at- 
tested by  the  clerk  of  said  city,  and  shall  have  the  seal  of  the  city  affixed 
thereto,  and  be  acknowledged  by  the  mayor  of  such  city  in  the  same  manner 
as  other  conveyances  of  real  estate.  (8013.) 
History.  S.  1893,  Sec.  5835. 


Sec.  127.  Board  of  Education — Term.  A  separate  ballot  for  school 
purposes  shall  be  provided  by  the  city  clerk  and  ballots  for  school  officers 
deposited  therein;  it  shall  be  the  duty  of  the  city  clerk  to  prepare  suitable 
places  of  holding  such  elections.  At  each  annual  city  election  there  shall 
be  a  board  of  education,  consisting  of  one  member  from  each  ward,  elected 
by  the  qualified  voters  thereof,  who  shall  hold  his  office  for  a  term  of  two 
years,  and  until  his  successor  is  elected  and  qualified;  provided,  that  no 
member  of  the  board  of  education  shall  be  a  member  of  the  council,  nor 
shall  any  member  of  the  council  be  a  member  of  the  board  of  education; 
provided,  that  the  officers  and  members  of  boards  of  education  in  cities  of 
the  first  class  shall  hold  their  offices  for  the  full  term  to  which  they  were 
elected.  (8014.) 

History.      S.    1893,    Sec.    5836. 

Note.— See    Chp.    136,    Session    Laws    1911. 

Sec.  128.  Vacancies  in  Board,  How  Filled.  The  board  of  education 
shall  have  power  to  fill  any  vacancy  which  may  occur  in  their  body:  Pro- 
vided, that  any  vacancy  occurring  more  than  ten  days  previous  to  the  an- 
nual election,  and  having  an  unexpired  term  of  one  year,  shall  be  filled  at 
the  first  annual  election  thereafter;  and  the  ballots  and  returns  of  elections 
shall  be  as  follows:  "To  fill  unexpired  term."  (8015.) 
History.  S.  1893,  Sec.  5837. 

Sec.  129.  Powers  of  Board.  The  board  of  education  shall  have  power 
to  elect  their  own  officers,  except  the  treasurer;  to  make  their  own  rules 
and  regulations,  subject  to  the  provisions  of  this  article;  to  organize  and 
maintain  a  system  of  graded  schools;  to  establish  a  high  school  whenever, 
in  their  opinion,  the  educational  interests  of  the  city  demand  the  same; 
and  to  exercise  the  sole  control  over  the  schools  and  school  property  of 
the  city.  (8016.) 

History.     S.    1893,   Sec.   5838. 

Indian   territory — section   applied.      Greennan   et    al.    v.    Carson   et   al., 
25   Ok.    730,    737,    107   P.    925. 

.Power  of  board   to   appoint  superintendents  or  teachers  for  terms  ex- 
tending beyond   its   own   term.     29  L.    R.   A.    (ns)    657-n. 

Sec.  130.  Organization:  The  board  of  education,  at  its  regular  meet- 
ing in  May  of  each  year,  shall  organize  by  the  election  of  a  president  and 
vice  president  from  among  its  own  members,  each  to  whom  shall  serve  for 
the  term  of  one  year,  or  until  their  successors  are  elected  and  qualified; 
they  shall  also  elect  a  clerk,  who  shall  hold  his  office  during  the  pleasure  of 
the  board,  and  who  shall  receive  such  compensation  for  his  services  as  the 
board  may  allow.  (8017.) 

History.     S.  1893,  Sec.  5839. 

Sec.  131.  Duty  of  President.  It  shall  be  the  duty  of  the  president  to 
preside  at  meetings  of  the  board  of  education;  to  appoint  all  committees 
whose  appointment  is  not  otherwise  provided  for,  and  to  sign  all  warrants 
ordered  by  the  board  of  education  to  be  drawn  upon  the  treasurer  for  school 
money..  .(8018.) 

History.     S.   1893,  Sec.  5840. 

Sec.  132.  Vice  President.  It  shall  be  the  duty  of  the  vice  president 
to  perform  all  the  duties  of  the  president  in  case  of  his  absence  or  disabil- 
ity. (8019.) 

History.     S.   1893,  Sec.   5841. 

Sec.  133.  Duty  of  Clerk.  It  shall  be  the  duty  of  the  clerk  to  be  pres- 
ent at  al1  meetings  of  the  board;  to  keep  an  accurate  journal  of  its  pro- 

—40— 


ceedings  to  take  charge  of  its  books  and  documents;  to  countersign  all 
warrants  for  school  moneys  drawn  upon  the  treasurer  by  order  of  the  board 
of  education;  and  perform  such  other  duties  as  the  board  of  education  or 
its  committees  may  require;  ana,  before  entering  upon  the  discharge  of  his 
duties,  the  clerk  of  the  board  of  education  shall  give  a  bond  in  the  sum  of 
one  thousand  dollars,  with  good  and  sufficient  sureties  to  be  approved  by 
the  board,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office.  (8020.) 

History.     S.   1  *!•:!,   Sec.  5842. 

Sec.  134.  Duties  of  Treasurer — Suspension.  The  treasurer  shall  pre- 
pare and  submit  in  writing  a  monthly  report  of  the  state  of  the  finances  of 
the  district,  and  shall,  when  required,  produce  at  any  meeting  of  the  board, 
or  to  any  committee  appointed  for  the  purpose  of  examining  his  accounts, 
all  books  and  papers  pertaining  to  his  office.  Upon  failure  to  make  reports, 
as  required  by  law  or  to  obey  the  orders  of  the  board  of  education,  the 
board  may,  at  any  meeting  of  the  board,  summarily  suspend  said  treasurer 
from  acting  as  treasurer  until  restored  by  order  of  the  board  or  of  a  judg- 
ment of  a  court  of  competent  jurisdiction,  and  while  so  suspended,  no  act 
of  his  as  such  treasurer  shall  be  legal  or  binding  upon  the  board.  The  board 
may  immediately  appoint  some  suitable  person  to  act  as  treasurer  during 
the  suspension,  upon  said  appointee  giving  bond  and  taking  oath  of  office 
as  is  required  by  law,  of  the  regular  treasurer;  and  upon  demand,  the  treas- 
urer must  immediately  turn  over  to  the  acting  treasurer  all  books  and  papers 
and  other  property  pertaining  to  his  office.  He  shall  pay  moneys  only  upon 
warrants  signed  by  the  president  or  in  his  absence,  by  the  vice  president 
and  countersigned  by  the  clerk;  and  shall  execute  a  bond  in  such  sum  as  the 
board  may  require,  with  sufficient  securities  to  be  approved  by  the  board, 
conditioned  for  the  faithful  discharge  of  his  duties  as  treasurer  of  such 
board.  (8021.) 

History.  S.  1893,  Sec.  5813,  as  amended  by  L.  1905,  p.  385;  effective 
February  25,  1905. 

Note. — See  Sees.  78-79,  requiring  additional  duties  of  treasurer,  rel- 
ative to  deposit  of  funds. 

Note. — See  Sees.  86-96,  relative  to  warrants  and  certificates  of  in- 
debtedness. 

Sec.  135.  Superintendent  and  Examining  Board.  The  board  of  edu- 
cation, at  such  time  as  they  shall  deem  expedient,  shall  elect  a  superin- 
tendent of  schools  in  no  case  a  member  of  their  own  body,  whose  duty  it 
shall  be  to  have  general  supervision  of  the  schools  of  the  city,  subject  to 
the  rules  and  regulations  of  the  board,  who  shall  hold  his  office  during  the 
pleasure  of  the  board,  and  shall  receive  such  compensation  as  that  body 
may  allow.  The  board  shall  also  appoint  two  competent  persons,  who,  with 
the  superintendent  as  chairman  thereof,  shall  be  styled  the  examining  com- 
mittee of  the  board  of  education,  whose  duty  it  shall  be  to  examine  all 
persons  who  may  apply  to  them  as  teachers;  and  no  person  except  one  who 
holds  a  diploma,  or  a  certificate  from  the  board  of  education,  shall  be 
elected  by  the  board  as  teacher  who  cannot  produce  a  certificate  from  the 
examining  committee  signed  by  all  or  a  majority  of  them  and  setting  forth 
that  such  a  person  is  competent 'to  teach  in  such  department  of  the  public 
schools  as  may  be  stated  in  the  certificate  and  is  a  person  of  good  moral 
character,  and  the  board  may  fill  any  vacancy  which  may  occur  in  the  ex- 
amining committee.  (8022.) 

History.     S.   1SJ»:J,   Sec.  5844. 

Sec.  136.  School  Levy.  The  tax  levied  for  the  support  of  schools 
shall  be  a  separate,  distinct  and  specific  fund  for  the  support  of  the  schools 


for  the  fiscal  year  for  which  such  tax  is  levied.  All  debts,  contracts,  and  ob- 
ligations made  or  entered  into  by  the  board  of  education  in  excess  of  eighty 
per  cent  of  the  tax  so  levied  shall  be  illegal  and  shall  not  be  charged  against 
the  school  district.  (8023.) 

History.  S.  1893,  Sec.  5845,  as  amended  by  L.  1897,  p.  275;  effective 
March  12,  1897.  Revision:  First  part  of  section,  providing  for  levy 
by  the  board,  eliminated  as  conflicting  with  the  law  creating  the 
county  excise  board  to  make  levies  on  estimates  by  the  various  mu- 
nicipal authorities. 

"Approved  by  city  council,"  as  used  in  this  statute  before  amend- 
ment, meant  that  the  proceedings  of  the  board  of  education,  if  regu- 
lar, must  be  approved,  not  a  matter  of  discretion  with  the  council. 
Board  of  Education  v.  City  of  Kingfisher,  5  Ok.  82,  48  P.  103. 

Sec.  137.  Same — What  Property  Taxable.  The  taxable  property  of 
the  whole  city,  including  the  territory  attached  for  school  purposes,  shall 
be  subject  to  taxation.  All  taxes  collected  for  the  benefit  of  the  school 
shall  be  placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of  the 
board  of  education.  (8024.) 

History.  S.  1893,  Sec.  5846,  as  amended  by  L.  1895,  p.  242;  effective 
March  8,  1895. 

Sec.  138.  Meetings.  The  regular  meetings  of  the  board  of  education 
shall  be  upon  the  first  Monday  of  each  month,  but  special  meetings  may  be 
held  from  time  to  time,  as  circumstances  may  demand.  (8025.) 

History.     S.  1893,  Sec.  5847. 

Sec.  139.  Annual  Report.  The  board  of  education,  at  the  close  of  each 
school  year,  or  as  soon  thereafter  as  practicable,  shall  make  an  annual  re- 
port of  the  progress,  prosperity  and  condition,  financial  as  well  as  educa- 
tional, of  all  the  schools  under  their  charge;  and  said  report  or  such  por- 
tion of  it  as  the  board  of  education  shall  consider  of  advantage  to  the  pubiic, 
shall  be  printed,  either  in  a  public  newspaper  or  in  pamphlet  form.  (8026.) 
History.  S.  1893,  Sec.  5848. 

Note. — Report  should  be  made  to  the  county  superintendent  as  re- 
quired from  other  school  districts.  See  section  158,  also  section  72 
and  note.  See  section  73. 

Sec.  140.  Expenses.  No  expenditures  involving  an  amount  greater 
than  two  hundred  dollars  shall  be  made  except  in  accordance  with  the  pro- 
visions of  a  written  contract  and  no  contract  involving  an  expenditure  of 
more  than  five  hundred  dollars  for  the  purpose  of  erecting  any  public  build- 
ings or  making  any  improvements  shall  be  made  except  upon  sealed  propos- 
als and  to  the  lowest  responsible  bidder.  (8027.) 
History.  S.  1893,  Sec.  5849. 

Construed  by  the  Supreme  Court  on  Hannan  v.  Bd.  of  Education, 
25  Ok.  372,  377,  107  P.  646. 

Specifications.  Before  advertising  for  bids,  there  must  be  a  plan  or 
plans  open  to  all  with  definite  specifications.  A  full  discussion  of  the 
subject  of  public  contracts.  Lowest  responsible  bidder  defined.  Sec- 
tion construed.  Hannon  v.  Board  of  Education,  25  Ok.  372,  377,  107  P. 
646. 

Injunction  will  lie,  by  resident  tax   payer.     Id. 

Sec.  141.  May  Issue  Bonds:  Whenever  it  shall  become  necessary  for 
the  board  of  education  of  any  school  district,  in  which  is  included  in  whole 
or  in  part  a  city  of  the  first  class,  to  raise  sufficient  funds  for  the  purchase 
of  a  school  site  or  sites,  or  to  erect  or  purchase  and  equip  a  suitable  school 
building  or  buildings,  or  both,  it  shall  be  lawful  for  such  board  of  educa- 
tion of  such  city  to  borrow  money,  for  which  they  are  hereby  authorized 
and  empowered  to  issue  bonds,  bearing  a  rate  of  interest  not  exceeding 
five  per  cent  per  annum,  payable  semi-annually,  at  such  place  as  may  be 

—42— 


shown  on  the  face  of  said  bonds;  which  bonds  shall  be  payable  in  not 
more  than  twenty-five  years,  from  their  date;  and  the  board  of  education 
is  hereby  authorized  and  empowered  to  sell  such  bonds  at  not  less  than 
their  par  value:  Provided,  That  before  any  bonds  shall  be  issued,  the 
mayor  of  the  city,  composing  in  whole  or  in  part  such  school  district, 
shall  cause  an  election  to  be  held,  in  such  district,  as  hereinafter  pro- 
vided. (8029.) 

History.     L.    1909,    p.   551;    effective   March   26,    1909.     (For   method   of 
acquiring  sites,  see  Sec.  7791,  and  references.) 

Sec.  142.  Notice  of  Election:  It  shall  be  the  duty  of  the  mayor  of  each 
city,  governed  by  this  article,  upon  the  request  of  the  board  of  educa- 
tion, forthwith  to  call  an  election,  to  be  conducted  in  all  respects  as  are 
special  elections  for  city  officers  in  the  same  city,  except  that  the  returns 
shall  be  made  to  the  board  of  education,  for  the  purpose  of  taking  the 
sense  of  such  district  upon  the  question  of  issuing  such  bonds,  naming 
in  the  proclamation  of  such  election  the  amount  of  the  bonds  to  be  voted 
on  and  the  purpose  for  which  they  are  to  be  issued;  and  he  shall  cause 
to  be  published  in  a  newspaper  of  general  circulation  published  in  the  said 
district,  the  time  and  place  of  such  election,  such  notice  to  be  given  at 
least  ten  days  before  such  election.  (8030.) 

History.     L.    1909,   p.    552;    effective  March  26,   1909. 
Applied.     Board  of  Education  et  al.   v.   State  ex  rel.,   26   Ok.   366,   381, 
109  P.   563. 

Sec.    143.     Qualifications    of   Voters — Three    Fifths    Required:     On    the 

question  of  issuance  of  said  bonds,   no  person  shall  be  qualified  to  vote 

unless  he  be  in  all  respects  a  qualified  elector  in  such  district.     In  case 

three-fifths  of  the  voters  thereof  voting  at  such  city  election   shall  vote 

affirmatively  for  the  issuance  of  said  bonds,  then  the  said  board  shall 
issue  the  same  and  not  otherwise.  (8031.) 

History.     L.    1909,   p.    552;    effective  March  26,   1909. 

Sec.  144.  Form  of  Bond — Limitation  of  Indebtedness:  The  said  bonds 
shall  contain  all  necessary  provisions  as  to  form;  and  such  school  district 
shall,  before  or  at  the  time  of  the  issuance  of  the  same,  provide  for  the 
collection  of  an  annual  tax,  sufficient  to  pay  the  interest  on  such  indebted- 
ness as  it  falls  due,  and  also  to  institute  a  sinking  fund  for  the  payment 
of  the  principal  thereof  within  the  time  for  which  the  said  bonds  are  to 
run:  Provided,  That  no  indebtedness  shall  ever  be  incurred  to  an  amount, 
including  this  indebtedness,  exceeding  in  the  aggregate  five  per  cent  of 
the  valuation  of  the  taxable  property  of  such  district,  to  be  ascertained 
from  the  last  assessment  for  state  and  county  purposes,  previous  to  the 
incurring  of  such  indebtedness.  (8032.) 

History.     L.    1909,   p.    552;    effective  March  26,   1909. 

Sec.  145.  Signing  and  Indorsement  of  Bonds:  The  bonds,  the  issuance 
of  which  is  provided  in  the  preceding  sections,  shall  be  signed  by  the 
president,  attested  by  the  clerk  and  countersigned  by  the  treasurer  of  the 
board  of  education,  and  shall  have  indorsed  thereon  a  certificate  signed 
by  the  county  clerk  or  other  officer  authorized  by  law  to  sign  such  cer- 
tificate and  the  county  attorney  of  the  county  wherein  such  district  Is 
located,  stating  that  said  bonds  or  evidence  of  debt  is  issued  pursuant  to 
law  and  that  said  issue  is  within  the  debt  limit:  Provided,  That  each  of 
the  said  bonds  shall  be  for  a  sum  of  not  less  than  one  hundrad  dollars. 
(8033.) 

History.     L.    1909,   p.    553;    effective   March   26,    1909. 

Sec.  146.     The  Oath   Required:     Each  member  of  the  board  of  educa- 


tion  and  officer  provided  for  in  this  article  shall  take  and  subscribe  an  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States,  the  Organic 
Act  of  the  Territory  of  Oklahoma  (Constitution  of  the  State  of  Oklahoma), 
and  faithfully  perform  the  duties  of  his  office.  The  oath  and  bond  of  the 
clerk  shall  be  filed  with  the  treasurer,  all  other  oaths  and  bonds  shall  be 
filed  with  the  clerk.  (8041.) 

History.     S.    1893,    Sec.    5859. 

Note. — Constitutional    oath   of   office   is   required. 

Sec.  147.  School  Bonds  to  Reimburse  Cities  or  Towns:  The  board  of 
education  of  any  city,  or  of  any  school  district  containing  within  its  bound- 
aries an  incorporated  town,  which  has  heretofore  become  indebted  by 
issuing  bonds  for  the  purpose  of  building  and  furnishing  school  houses, 
or  purchasing  sites  therefor,  may  issue  bonds  and  borrow  money  thereon 
and  reimburse  from  the  proceeds  thereof  said  city  or  town.  Said  bonds 
shall  be  authorized  in  the  manner  and  under  the  procedure,  and  of  the 
condition  and  terms  as  is  now  authorized  by  law:  Provided,  That  when- 
ever any  board  of  education  or  any  school  district  shall  have  reimbursed 
any  city  or  town  as  aforesaid,  the  proper  officers  thereof  shall  immedi- 
ately convey,  by  good  and  sufficient  deed,  all  the  title  and  interest  of  said 
city  or  town  in  and  to  said  school  property  the  effect  of  which  shall  be 
immediately  to  divest  said  city  or  town  of  any  right  in  or  to  said  prop- 
erty, and  to  vest  the  same  absolutely  in  said  board  of  education  or  said 
school  district.  (8043.) 

History.     L.   1907-8,   p.   673;   effective   March   29,    1908. 

Indian  territory — legislature  has  power  to  provide  for  reimbursement, 
but  if  bonds  were  issued  by  cities  to  pay  for  improvements,  boards  are 
without  authority  to  reimburse  such  cities.  Board  of  Education  et  al. 
v.  State  ex  rel.  Best,  26  Ok.  366,  382;  109  P.  563.  Following  25  Ok.  730, 
107  P.  925. 

Sec.  148.  Certain  Bonds  Validated — Proviso:  In  any  case  where  an 
election  heretofore  held  in  any  city  school  district  of  a  city  of  the  first 
class  in  the  State  of  Oklahoma  at  least  three-fifths  of  the  qualified  voters 
of  said  school  district  have  voted  in  favor  of  the  issuance  of  the  bonds 
of  the  board  of  education  of  said  city  for  the  purpose  of  purchasing  a  site 
or  sites  and  erecting  a  building  or  buildings  thereon  or  of  purchasing  a 
building  or  buildings  and  equipping  the  same  for  school  purposes  in  and 
for  said  school  district,  or  for  any  one  or  more,  or  all  of  said  purposes, 
whether  jointly  or  severally  stated  or  submitted,  then  in  every  such  case 
all  bonds  of  any  such  board  of  education  which  have  been  so  voted  and 
issued  or  which  have  been  so  voted  and  shall  hereafter  be  issued  in  pur- 
suance of  said  election  are  hereby  declared  to  be  lawfully  issued  and  the 
legal,  valid  and  binding  obligations  of  said  board  of  education:  Provided, 
however,  That  said  bonds  do  not  in  the  aggregate,  together  with  all  exist- 
ing indebtedness  of  said  board  of  education  or  said  city  school  district, 
exceed  five  percentum  of  the  valuation  of  the  taxable  property  in  said  city 
school  district  and  school  corporation,  as  shown  by  the  last  assessment 
for  state  and  county  purposes  previous  to  the  issuance  of  said  bonds.  (8034.) 
History.  L.  1909,  H.  B.  65. 

Sec.    149.     Same:     All  bond   elections   mentioned   in   the   previous   sec- 
tion of  this  article  which  have  been  fairly  conducted  are  hereby  declared 
valid  and  fully  legalized  notwithstanding  any  irregularities  in  the  conduct 
of  the  same,  or  in  the  forms  of  the  ballots  thereat.     (8035.) 
History.     L.    1909,   H.   B.    65. 

Sec.  150.  Same — Tax  Levies  Validated:  All  tax  levies  heretofore  made 
or  provided  for  in  order  to  raise  the  necessary  funds  to  meet  the  interest 

-44- 


on  the  bonds  mentioned  in  the  second  section  previous  to  this  article  as 
it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the 
principal  thereof  within  twenty-five  years  from  the  date  of  said  bond,  be 
and  the  same  are  hereby  legalized,  validated  and  confirmed.     (8036.) 
History.     I,.    1909,    II.    I?.   65. 

Sec.  151.  Limit  of  Indebtedness:  It  shall  be  lawful  for  the  board  of 
education  of  any  city  or  any  school  district  to  become  indebted  for  the 
purposes,  set  out  in  the  previous  section  of  this  article,  or  for  any  other 
purpose  as  now  provided  by  law  in  a  sum  not  in  excess  of  five  percentum 
of  the  assessed  valuation  of  the  taxable  property  within  the  boundaries 
thereof  as  shown  by  the  last  preceding  assessment  taken  for  the  purpose 
of  taxation.  (8044.) 

History.     L.    1907-8,    p.    673. 

Sec.  152.  Electors  in  School  Elections:  That  all  elections  hereafter 
held  in  cities  of  the  first  class  in  this  state  for  the  election  of  members 
of  the  board  of  education,  treasurer  of  the  board  of  education  and  all 
elective  school  officers,  the  following  persons,  shall  be  qualified  and  entitled 
to  vote  at  such  election  and  for  the  class  of  offices  above  named,  to-wit: 
All  persons,  male  and  female,  over  the  age  of  twenty-one  years,  who 
possess  the  other  qualifications  prescribed  by  the  organic  act  and  general 
election  laws  of  the  State  of  Oklahoma.  (8045.) 
History.  L.  1905,  p.  126. 

Sec.    153.     Separate    Ballots:     At   all   such   elections   a   separate   ballot 
for  the  class  of  officers  designated  in  the  preceding  section  shall  be  pro- 
vided  and   a   separate  ballot  box   provided  for  the  reception   of  such  bal- 
lots, but  the  votes  shall  be  received  at  the  regular  polling  place  or  places 
and   be  under  the   supervision  of  the  same   election  board   as   the  ballots 
.oast  for  other  elective  officers  at  that  election.     (8046.) 
History.      L.     1906,    p.    126. 

Sec.  154.  Investment  of  Sinking  Fund:  All  moneys  raised  for  the 
purpose  of  creating  a  sinking  fund  for  the  final  redemption  of  all  bonds 
issued  under  this  article  shall  be  invested  annually  by  the  board  of  edu- 
cation in  bonds  of  the  State  of  Oklahoma  or  of  the  United  States  or  the 
board  may  buy  and  cancel  the  bonds  of  the  district  whenever  such  may 
be  purchased  at  or  below  par.  (8037.) 

History.     S.   ISIirt,   Sec.   5855. 

Sec.  155.  Payment  of  Interest:  Whenever  the  interest  coupons  of 
the  bonds  hereinbefore  authorized  shall  become  due,  they  shall  be  promptly 
paid,  on  presentation,  by  the  treasurer  out  of  money  in  his  hands  col- 
lected for  that  purpose,  and  he  shall  endorse  upon  the  face  of  such  coupons 
in  red  ink  the  word  "Paid,"  and  the  date  of  payment,  and  sign  the  initials 
of  his  name.  (8038.) 

History.     S.    1893,    Sec.    5856. 

Sec. 156.  Security  For  Payment  of  Bonds:  The  school  fund  and  prop- 
erty of  such  city  and  territory  attached  for  school  purposes  is  hereby 
pledged  to  the  payment  of  the  interest  and  principal  of  the  bonds  men- 
tioned in  this  article,  as  the  same  may  become  due.  (8039.) 

History.     S.    1893,    Sec.    F,s:,7. 

Sec.  157.  Clerk  to  Register  Warrants:  Tt  shall  be  the  duty  of  the 
clerk  of  the  board  of  education  to  register  in  a  book  provided  for  that 
purpose  the  bonds  issued  under  this  article,  and  all  warrants  issued  by  the 

•15— 


board,  which  said  register  shall  show  the  number,  date  and  amount  of  said 
bonds   and   to   whom   made   payable.     (8040.) 

History.     S.  1893,  Sec.   5858. 

Sec.  158.  Enumeration  of  School  Children:  The  board  of  education 
shall  provide  for  an  enumeration  of  the  children  of  school  age  between  the 
first  and  fifteenth  day  of  January  of  each  year  and  forward  the  same  to 
the  county  clerk  of  the  county,  who  shall  file  and  use  such  enumeration  as 
required  by  law  in  the  case  of  other  districts.  (8042.) 

History.     S.    1893,    Sec.    5860. 
Effective    March    14,    1893. 

Note. — Copy  of  this  enumeration  must  be  sent  to  the  county  superin- 
tendent.     See  sections  72   and  73. 


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ARTICLE  VIII. 
Consolidated  School  Districts. 

Section  Section 

159.  Consolidation  of  school  districts.       166.     Laws  applicable. 

160.  County  superintendents  shall  de-       167.     Name    of    consolidated    district. 

dare    district    disorganized.  168.     State  aid  fund. 

161.  Officers  of  consolidated  districts.        169.     Duty    of    commissioners. 

162.  Same — Board,     powers    and     du-       170.     Appropriation. 

ties   of.  171.     Duty    of    state    board    of    educa- 

163.  Bonded    indebtedness.  tion. 

16-i.     School  property.  172.     Conditions   to   be  met. 

165.     Annual   meetings.  173.     Further    conditions. 

Sec.  159.  Consolidation  of  School  Districts:  Meetings  of  the  voters  of 
any  two  or  more  adjacent  school  districts  may  be  called  in  their  respective 
districts  for  the  purpose  of  voting  on  the  proposition  of  uniting  with  the 
other  said  adjacent  districts  for  the  purpose  of  establishing  a  consolidated 
school,  said  call  to  be  made  in  the  same  manner  as  provided  by  law  for 
the  calling  of  special  district  meetings.  If  a  majority  of  the  votes  cast 
in  each  of  said  districts  shall  be  in  favor  of  such  consolidation,  then  the 
clerk  of  each  of  said  districts  shall  thereupon  make  a  written  report  of 
yuch  actions  to  the  county  superintendent  of  the  county  in  which  said 
districts  are  located.  The  vote  in  each  district  shall  be  made  conditional 
upon  its  carrying  in  all  of  said  districts:  Provided,  that  unorganized 
territories  and  legally  organized  school  districts  containing  a  school  popu- 
lation of  one  hundred  persons  or  more  may  organize  under  the  provisions 
of  this  article.  (8169.) 

History.     L.    1905,    p.    358,    as    amended    by   L.    1907-8,    p.    670;    effec- 
tive May  2,   1908. 

Sec.  160.  County  Superintendent  Shall  Declare  Districts  Disorganized: 
The  county  superintendent  shall,  upon  receipt  of  the  reports  as  provided 
in  the  preceding  section,  declare  said  districts  disorganized  and  shall  form 
a  consolidated  district  composed  of  the  several  districts  voting  to  unite, 
and  he  shall  designate  a  time  and  place  for  the  meeting  of  the  voters  of 
said  districts  so  disorganized  for  the  purpose  of  electing  officers  and  com- 
pleting the  organization  of  said  consolidated  district.  He  shall  give,  notice 
of  said  meeting  by  posting  written  or  printed  notices,  stating  the  time, 
place  and  purpose  of  said  meeting  in  at  least  three  public  places  in  each 
of  the  disorganized  districts  not  less  than  ten  days  prior  to  the  time  of 
meeting:  Provided,  That  in  the  formation  of  consolidated  districts  com- 
prising territory  lying  in  more  than  one  county,  the  county  superintendents 
of  said  counties  shall  act  together  in  the  same  manner  as  provided  by  law 
in  the  formation  and  control  of  joint  districts,  and  at  said  meeting  of  the 
voters  of  the  newly  organized  school  district,  shall  select  a  building  site, 
as  near  the  center  of  population  of  such  consolidated  district  as  prac- 
ticable. (8170.) 

History.     L.     1905,     p.     359. 

Sec.  161.  Officers  of  Consolidated  Districts:  The  officers  of  each  con- 
solidated school  district  shall  be  a  director,  a  clerk  and  a  treasurer,  who 
shall  constitute  a  district  board  and  who  shall  be  elected,  and  hold  their 
respective  offices  as  follows:  At  the  meeting  provided  for  in  the  preceding 
section,  there  shall  be  elected  a  director  who  shall  hold  his  office  until 
the  third  annual  meeting  thereafter,  and  a  clerk  who  shall  hold  his  office 
until  the  second  meeting  thereafter,  and  a  treasurer  who  shall  hold  his 

—47— 


office  until  the  first  annual  meeting  thereafter,  and  thereafter,  at  each 
annual  meeting,  there  shall  be  elected  one  member  of  the  board  in  place 
of  the  outgoing  member,  who  shall  hold  his  office  for  three  years  and  until 
his  successor  is  elected  and  qualified:  Provided,  That  where  more  than 
two  districts  unite  not  more  than  one  member  of  the  board  shall  be  elected 
from  the  territory  of  any  one  of  the  disorganized  districts.  (8171.) 

History.     L.    1905,    p.    360. 

Sec.  162.  Same — board,  powers  and  duties  of.  The  powers  and  duties 
of  the  district  board  herein  provided  and  of  its  several  officers  shall  be  the 
same  as  those  provided  by  law  for  school  district  boards  and  their  several 
officers,  and  in  addition,  it  shall  be  the  duty  of  said  district  board  to  provide 
transportation  to  and  from  school  for  all  pupils  living  one  and  one-half  miles 
or  more  therefrom  in  suitable  vehicles  of  ample  size,  with  comfortable  seats 
arranged  to  conform  to  the  sizes  of  the  pupils  to  be  carried  with  an  adjust- 
able cover  for  the  comfort  and  protection  of  the  pupils,  drawn  by  stout,  gentle 
teams  and  driven  by  adult  persons  of  good  moral  character,  who  shall  have 
control  of  said  pupils  during  their  transportation;  provided,  however,  that 
when  a  majority  of  the  voters  at  a  special  meeting  called  by  proper  notices 
as  provided  in  law  shall  vote  to  do  away  with  the  transportation  by  the  dis- 
trict, then  transportation  shall  not  be  mandatory.  H.  B.  462,  L.  1911. 

Sec.  163.  Bonded  indebtedness:  If  any  school  district  uniting  to  form 
a  consolidated  district  shall  have,  at  the  time  of  its  disorganization,  a 
legally  .bonded  indebtedness,  such  indebtedness  shall  attach  to  and  become 
a  charge  against  the  territory  comprised  in  such  disorganized  district  at  the 
time  of  the  disorganization,  and  it  shall  be  the  duty  of  the  county  commis- 
sioners of  the  county  or  counties  in  which  such  territory  is  located  to  cause 
annually  to  be  levied  upon  the  property  real  and  personal,  in  such  disorgan- 
ized territory,  a  tax  sufficient  to  meet  the  interest  and  provide  a  sinking 
fund  for  the  payment  of  such  indebtedness:  Provided,  that  the  assets  and 
property  of  any  disorganized  district  having  an  indebtedness  shall  first  be 
applied  in  payment  of  its  floating  indebtedness,  if  any,  and  then  its  bonded 
indebtedness,  and  the  residue,  if  any,  shall  belong  to  the  consolidated 
district.  8173.) 

History.     L.     1905,     p.     360. 

Sec.  .164.. School  property.  The  school  property  of  the  disorganized  dis- 
tricts shall,  upon  the  organization  of  the  consolidated  district,  become  the 
property  of  said  district,  except  as  hereinbefore  provided,  and  the  district 
board  of  said  district  is  hereby  authorized  to  dispose  of  said  property  to  the 
best  interests  of  said  district.  (8174.) 

History.     L.     1905,     p.     361. 

Sec.  165.  Annual  meetings.  The  annual  meeting  of  said  consolidated 
district  shall  be  held  on  the  same  date  as  fixed  by  law  for  holding  the  annual 
school  meetings  of  each  year  at  the  school  house  belonging  to  said  district, 
at  two  o'clock  p.  m.,  they  shall  have  such  powers  and  duties  as  are  by  law 
provided  for  annual  school  district  meetings.  (8175.) 

History.     L.    1905,    p.    361. 

Sec.  166.  Laws  applicable:  In  all  matters  relating  to  consolidated  school 
districts,  not  provided  for  in  the  preceding  sections,  the  law  relating  to 
school  districts  shall  be  in  force  where  said  laws  are  applicable.  (8176.) 

History.     L.    1905,    p.    361. 

—48— 


Sec.  167.     Name  of  consolidated  district.     A  consolidated  district,  when 

formed,  shall  be  known  as  consolidated  school  district  No. ,  county  of 

— ,  State  of  Oklahoma,  and  shall  be  a  body  corporate  with  power  to 
sue  and  be  sued.     (8177.) 

History.     L.    1905,    p.    362. 

Sec.  168.  State  aid  fund.  All  the  lands  and  funds  that  have  heretofore 
been  or  may  hereafter  be  derived  from  the  sale  thereof,  embraced  in  Section  33 
according  to  the  United  States  survey,  located  in  Greer  county,  as  the  county 
existed  prior  to  November  16th,  1907,  together  with  all  lands  selected  in  lieu 
thereof,  and  the  proceeds  of  all  rentals,  interests  and  sales  accrued,  or  that 
may  accrue  therefrom,  shall  be  set  aside  and  credited  to  a  fund  which  is 
hereby  created,  to  be  known  as  the  "Union  Graded  or  Consolidated  School 
District  Fund"  the  same  to  be  used  only  to  assist  in  constructing  or  paying 
for  school  buildings  or  consolidated  school  districts  that  have  been  or  may 
hereafter  be  constructed  under  existing  laws  pertaining  to  consolidated 
school  districts. 

Sec.  169.  Duty  of  commissioners.  The  Commissioners  of  the  Land 
Office  are  authorized  and  directed  to  sell  and  convey  the  lands  described  and 
set  aside  in  Section  168  of  this  article;  same  to  be  sold  under  the  provisions, 
limitations,  exceptions,  rules  and  regulations  of  lands  sold  under  amended 
Senate  Bill  No.  1,  approved  March  2nd,  1909,  the  same  being  Article  2  of 
Chapter  28  of  the  Session  Laws  of  Oklahoma,  1909,  or  as  may  be  hereafter 
provided  by  law. 

Sec.  170.  Appropriation:  Such  funds  as  have  now  accrued  by  virtue  of 
rentals,  and  such  as  may  hereafter  accrue  by  virtue  of  rentals,  and  the  pro- 
ceeds of  sale  and  interest  thereon,  prior  to  January  1st,  1913,  are  hereby 
appropriated  and  placed  at  the  disposal  of  the  State  Board  of  Education, 
subject  to  the  conditions  and  limitations  contained  in  this  Act. 

Sec.  171.  Duty  of  State  Board  of  Education:  The  State  Board  of  Edu- 
cation in  apportioning  said  fund  shall  make  such  rules  and  regulations  as 
shall  ultimately  result  in  a  fair  and  equitable  distribution  of  said  fund  to  the 
different  counties  of  the  state,  in  proportion  as  nearly  as  may  be  possible  to 
the  scholastic  population  outside  of  cities  of  the  first  class. 

Sec.  172.  Conditions  to  be  met:  In  any  union  graded  or  consolidated 
school  district  that  has  been  formed  for  a  term  of  not  less  than  six  scholastic 
months,  and  has  employed  at  least  three  teachers,  and  has  an  actual  attend- 
ance during  said  term  of  not  fewer  than  one  hundred  thirty  scholastic  pupils 
residing  within  the  boundary  of  said  district,  (the  district  having  furnished 
free  transportation  to  such  as  are  contemplated  by  the  law  provided  for 
consolidated  school  districts),  and  that  has  already  constructed  and  fur- 
nished a  suitable  building  of  not  fewer  than  three  rooms,  upon  making  proof 
of  compliance  with  the  foregoing  provisions  approved  by  the  State  Superin- 
tendent of  Public  Instruction,  shall  have  drawn  by  the  State  Auditor  upon 
the  State  Treasury  against  said  building  fund  in  favor  of  the  treasurer  of 
said  consolidated  school  district,  a  warrant  for  a  sum  not  to  exceed  one-half 
the  cost  of  said  building;  Provided,  that  in  no  case  shall  any  district  receive 
a  sum  exceeding  twenty-five  hundred  ($2,500.00)  dollars,  from  the  appropria- 
tion herein  made;  Provided,  that  the  State  Board  of  Education  may  decrease 
this  amount  if  in  its  judgment  the  amount  is  greater  than  a  fair  proportion 
belonging  to  one  district. 

Sec.  173.  Further  conditions:  Whenever  a  school  district  of  not  less 
than  twenty-five  (25)  square  miles  in  area  shall  have  been  established  and 


conducted  for  a  period  of  not  less  than  six  months  under  the  terms  of 
existing  laws  with  reference  to  the  consolidation  of  schools,  and  a  building 
containing  not  fewer  than  three  rooms  suitably  constructed,  equipped  and 
furnished  shall  have  been  built,  and  a  graded  school  employing  not  less  than 
three  teachers  shall  have  been  conducted  for  a  term  of  not  less  than  six 
months,  upon  making  proof  of  compliance  with  the  foregoing  provisions 
approved  by  the  State  Superintendent  of  Public  Instruction  shall  have  drawn 
a  warrant  in  favor  of  the  district  treasurer  as  provided  in  Section  172  of 
this  article. 

History.     Sees.   168-172,  H.  B.   95,   L.   1911.     Approved  March  20,   1911. 


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—50— 


ARTICLE   IX. 
Union  Graded  School  Districts. 

Section  Section 

174.  Districts   may  unite  to  establish       180.     Treasurer. 

graded    school.  181.  Any  district  may  establish  grad- 

175.  Board   of   union   district.  ed    school. 

176.  Funds    for    union    district.  182.  Annual    meeting. 

177.  May  levy  tax.  183.  Existing   law   to    apply. 

178.  Apportionment  of  school   money.  184.  Majority   vote   to   decide   site. 

179.  Clerk.  185.  Contracts. 

Sec.  174.  Districts  may  unite  to  establish  graded  schools:  Whenever 
the  inhabitants  of  two  or  more  school  districts  may  wish  to  unite  for  the 
purpose  of  establishing  a  graded  school  in  which  instruction  shall  be  given 
in  the  higher  branches  of  education,  the  clerks  of  the  several  districts  shall, 
upon  a  written  application  of  one-third  of  the  voters  of  the  respective  dis- 
tricts, call  a  meeting  of  the  voters  of  such  districts  at  some  convenient  place 
by  posting  up  written  notices  thereof,  in  like  manner  as  provided  for  calling 
district  meetings;  and  a  majority  of  the  voters  in  each  of  the  two  or  more 
districts  shall  vote  to  unite  for  the  purpose  herein  stated,  they  shall  at  that 
meeting,  or  at  an  adjourned  meeting,  elect  a  board  of  directors,  consisting 
of  a  director,  clerk,  and  treasurer.  (8156.) 
History.  L.  1895,  p.  242. 

Sec.  175.  Board  of  union  district:  The  board  of  directors  provided  in 
the  preceding  section  shall,  in  all  matters  relating  to  the  graded  schools, 
possess  all  the  powers  and  discharge  all  the  like  duties  of  the  district  board 
of  directors,  as  prescribed  by  law.  (8157.) 

History.     L.    1895,   p.    243. 

Sec.  176.  Funds  for  union  district:  The  union  or  graded  school  district 
thus  formed  shall  be  entitled  to  an  equitable  share  of  the  school  funds,  to 
be  drawn  from  the  treasurer  of  each  district  so  uniting,  in  proportion  to  the 
number  of  children  attending  the  said  graded  school  from  each  district. 
(8158.) 

History.     L.   1895,  p.   243. 

Sec.  177.  May  levy  tax:  The  said  union  district  may  provide  for  taxes 
for  the  purpose  of  purchasing  a  building  or  furnishing  proper  buildings  for 
the  accommodation  of  the  school,  or  for  the  purpose  of  defraying  necessary 
expenses  and  paying  teachers,  but  shall  be  governed  in  all  respects  by  the 
law  herein  provided  for  levying  and  collecting  district  taxes.  (8159.) 

History.     L.    1895,   p.   243.     Revision:     "Levy"     changed    to     "Provide 
for,"  in  accordance  with  Article  22,  provided  for  county  excise  board. 

Sec.  178.  Apportionment  of  school  money.  The  clerk  of  the  union  dis- 
trict shall  report  in  writing  to  the  treasurer  of  each  school  district  uniting 
in  the  union  district  the  number  of  scholars  attending  the  graded  'school  from 
his  district,  their  sex,  and  the  branches  studied;  and  the  said  district  treas- 
urer shall  apportion  the  amount  of  school  money  due  the  union  district  and 
pay  the  same  over  to  the  treasurer  of  the  union  district  on  order  from  the 
clerk  and  director  thereof.  (8160.) 

History.     L.   1895,  p.   243. 

Sec.  179.  Clerk.  The  clerk  of  the  union  district  shall  make  a  report  to 
the  county  superintendent  of  public  instruction,  and  discharge  all  the  duties 
of  clerk  in  like  manner  as  clerk  of  the  district.  (8161.) 

History.     L.   1895,   p.   243. 


Sec.  180.  Treasurer..  .The  treasurer  of  the  union  district  shall  perform 
all  the  duties  of  treasurer  as  prescribed  in  this  article  in  like  manner  as 
therein  named.  (8162.) 

History.     L.   1895,   p.    243. 

Sec.  181.  Any  district  may  establish  graded  school:  Any  single  district 
shall  possess  power  to  establish  graded  schools,  subject  to  the  provisions  of 
this  article,  in  like  manner  as  two  or  more  districts  united.  (8163.) 

History.     L.   1895,   p.   244. 

Sec.    182.     Annual    meeting.     The   annual  meeting  of  union   or  graded 
school  districts  shall  be  held  on  the  last  Wednesday  in  June,  at  such  hour 
as  may  be  indicated  by  the  board.     (8164.) 
History.     L.   1895,  p.  244. 

Sec.  183.  Existing  law  to  apply.  Article  6,  Chapter  73,  of  the  statutes 
of  Oklahoma  Territory,  being  an  Act  for  the  support  and  regulation  of  com- 
mon schools,  shall  apply  to,  and  be  made  a  part  of  this  Act,  for  the  purpose 
therein  named.  (8165.) 

History.     L.    1895,  p.   244. 

Sec.  184.  Majority  vote  to  decide  site.  No  part  of  the  statutes  of 
Oklahoma  shall  be  construed  so  as  to  prevent  the  location  of  the  site  for  a 
school  house  in  union  or  graded  school  districts  by  a  majority  of  the  electors 
of  said  union  or  graded  school  districts.  (8166.) 

History.     L.   1895,  p.   244. 

Sec.  185.  Contracts.  No  expenditure  involving  an  amount  greater  than 
two  hundred  dollars  shall  be  made  except  in  accordance  with  the  provisions 
of  a  written  contract,  and  no  contract  involving  an  expenditure  of  more  than 
five  hundred  dollars  for  the  purpose  of  erecting  any  public  building  or  mak- 
ing any  improvements  shall  be  made  except  upon  sealed  proposals  and  to  the 
lowest  responsible  bidder.  (8167.) 

History.     L.   1895,  p.   244. 

Construed.     Hannon  vs.   B.   of  Education,   25  Ok.   372,   107  Pac.   626. 


-52— 


ARTICLE  X. 
County  High  School. 

Section  Section 

186.  Trustees.  193.     Pupils    from    other   counties. 

187.  Organization    of    board.  194.     Principal  to  conduct  and  govern 

188.  Tax   levy.  school. 

189.  Same — Collection.  195.     Graduates   may   enter   state   col- 

190.  Duties    of    treasurer    and  secre-                      leges. 

tary.  196.     Annual   report    of    trustees. 

191.  Principal    and    teachers.  197.     Vacancy  in  board. 

lf'2.     Rules    and    regulations.  198.     Salary    of    secretary    and    treas- 

urer. 

Sec.  186.  Trustees.  The  county  commissioners  shall  appoint  six  per- 
sons, who  shall  be  residents  and  freeholders  of  the  county,  but  not  more 
than  three  of  whom  shall  be  residents  of  the  same  township  or  city  or  mem- 
bers of  the  same  political  party,  who  shall,  with  the  county  superintendent  of 
instruction,  constitute  the  board  of  trustees  for  the  county  high  school. 
Each  of  said  trustees,  appointed  as  aforesaid,  shall  hold  his  office  for  a  term 
of  one  year,  or  until  his  successar  is  appointed  and  qualified,  and  shall  be 
required  in  ten  days  after  appointment  to  qualify  by  taking  the  usual  oath 
of  office,  and  by  giving  such  bond  as  may  be  required  by  said  board  of 
county  commissioners  for  the  faithful  discharge  of  such  duties.  (8136) 

History.  L.  1901,  p.  188.  Revision:  First  clause,  referring  to  method 
of  calling  election,  eliminated  as  useless,  in  view  of  the  fact  that  no 
more  elections  can  be  had;  "immediately  proceed  to,"  preceding 
"appoint,"  eliminated  as  meaningless,  the  clause  referred  to  having 
been  stricken  out. 

Conveyance  of  site  by  member  of  board  of  trustees  by  way  of  dona- 
tion will  not  be  avoided,  where  no  fraud  or  undue  influence  is  shown. 
Ter.  ex  rel.  v.  Trustees,  13  Ok.  605,  76  P.  165. 

Same.  In  petition  for  location  of  high  school,  the  words,  "in  or 
near  the  city  of  Guthrie,  in  said  county"  are  sufficiently  definite.  Id. 

Same — election.  Where  election  held  under  L.  1901,  to  determine 
whether  high  school  shall  be  located;  held;  same  adopted  although  it 
did  not  receive  majority  of  all  votes  cast.  Id. 

Tax  limitation.  This  act  is  subject  to  the  tax  limitation  provided  in 
Const.  Art.  10,  Sec.  9,  (Bunn's  Ed.  274),  but,  except  as  repugnant  to 
said  provision,  it  applies  and  furnishes  a  rule  for  the  maintenance 
and  government  of  county  high  schools  then  or  thereafter  to  be  estab- 
lished. Wilhite  v.  Mansfield,  et  al.,  23  Ok.  246,  99  P.  1087. 

Sec.  187.  Organization  of  Board:  The  county  superintendent  shall,  by 
virtue  of  his  office,  be  president  of  said  board  of  trustees.  At  the  first  meet- 
ing of  said  board  of  trustees  in  each  year  they  shall  appoint  from  their  own 
numbers  a  secretary  and  treasurer  who  shall  perform  the  duties  devolving 
upon  such  officers  and  shall  give  such  additional  bond  as  the  county  com- 
missioners shall  deem  sufficient.  A  majority  of  said  board  shall  constitute 
a  quorum  for  the  transaction  of  all  business,  but  four  votes  in  the  affimative 
or  negative  shall  be  required  to  decide  any  question.  (8137.) 
History.  L.  1901,  p.  188. 

Sec.  188.  Tax  levy.  At  a  meeting  called  for  such  purpose  prior  to  the 
fifteenth  day  of  June  of  each  year,  the  trustees  shall  make  an  itemized  esti- 
mate of  the  amount  of  funds  needed  for  payment  of  teachers'  wages,  and  for 
payment  of  contingent  expenses,  and  they  shall  present  to  the  board  of 
county  commissioners  a  certified  estimate  of  the  rate  of  tax  required  to 
raise  the  amount  desired  for  such  purpose,  and  the  county  commissioners 
shall  cause  the  same  to  be  extended  upon  the  tax  rolls  and  collected  as  other 

— 53— 


taxes  and  when  collected,  the  same  shall  be  paid  over  to  the  treasurer  of 
said  board  of  trustees  to  be  paid  out  by  him  on  the  order  of  said  board  of 
trustees.  But  in  no  case  shall  the  tax  for  teachers'  wages  and  contingent 
expenses  exceed  in  any  one  year  three  mills  on  the  dollar  on  the  taxable 
property  of  the  county.  All  indebtedness  created  by  said  board  of  trustees 
for  the  purpose  above  mentioned  in  excess  of  eighty  per  cent  of  the  tax  so 
levied  shall  be  void  as  against  said  fund  but  may  be  recovered  from  the  in- 
dividual members  voting  to  create  the  same.  (8138.) 

History.  L.  1901,  p.  189,  as  amended  by  L..  1903,  p.  260;  effective 
March  17,  1903.  Revision:  Levy  changed  from  three  mills  to  one  mill, 
in  accordance  with  Sec.  9,  Art.  10,  Const.,  and  Article  22.  "Revenue 
and  Taxation";  exception  as  to  expenditures  over  eighty  per  cent  of 
levy  provided  to  cover  cages  where  a  greater  proportion  has  been 
actually  collected. 

Sec.  189.  Same — collection:  Said  tax  shall  be  levied  and  collected  in 
the  same  manner  as  other  county  taxes,  and  when  collected  the  county  treas- 
urer shall  pay  the  same  to  the  treasurer  of  the  county  high  school  in  the 
same  manner  that  school  funds  are  paid  to  the  district  treasurers.  (8139.) 

History.     L.  1901,  p.  189. 

Sec.  190.  Duties  of  treasurer  and  secretary.  The  said  treasurer  of  the 
high  school  shall  receive  from  the  county  treasurer  and  from  other  parties 
all  moneys  that  belong  to  the  funds  of  said  school,and  pay  out  the  same 
only  by  direction  of  the  board  of  trustees  upon  orders  duly  signed  by  the 
president  and  countersigned  by  the  secretary,  stating  the  purpose  for  which 
they  were  drawn.  Both  secretary  and  treasurer  shall  keep  an  accurate  ac- 
count of  all  moneys  received  and  expended  for  said  school,  and  at  the  close 
of  each  year  or  oftener  if  required  by  the  board  of  trustees,  they  shall  make 
a  full  statement  of  the  financial  affairs  of  the  school.  (8140.) 
History.  L.  1901,  p.  189. 

Sec.  191.  Principal  and  teachers.  The  board  of  trustees  shall  employ  a 
suitable  person  who  shall  take  charge  of  said  school  and  teach  the  same  and 
shall  be  known  as  the  principal  of  such  school;  and  the  trustees  shall  fur- 
nish such  assistant  teachers  as  they  may  deem  necessary,  and  shall  provide 
for  the  salaries  thereof:  Provided,  that  no  member  of  the  board  of  trustees 
or  the  wife,  son  or  daughter  of  such  member  shall  be  employed  as  principal 
or  teacher  in  such  school.  (8142.) 
History.  L.  1901,  p.  190. 

Sec.  192,  Rules  and  regulations.  Tuition  shall  be  free  to  all  pupils 
residing  in  the  county  where  the  school  is  located.  The  board  of  trustees 
shall  make  such  general  rules  and  regulations  as  they  deem  proper  in  regard 
to  age  and  grade  of  attainments  essential  to  entitle  pupils  to  admission  in 
fcuch  school:  Provided,  that  no  person  shall  be  admitted  to  such  high  school 
who  shall  not  have  passed  a  satisfactory  examination  in  all  the  work  of  the 
district  schools  of  the  county  in  which  the  school  is  situated.  If  there  should 
be  more  applicants  than  can  be  accommodated  at  any  one  time  in  such  high 
school,  each  district  shall  be  entitled  to  send  its  equal  proportion  of  pupils 
according  to  the  number  of  pupils  ,it  may  have,  as  shown  by  the  last  report 
of  the  county  superintendent  of  public  instruction;  the  board  of  trustees 
shall  designate  such  pupils  as  may  attend  subject  to  the  proviso  above:  Pro- 
vided, further,  that  when  the  board  of  trustees  shall  deem  the  same  expe- 
dient they  may  provide  separate  school  facilities  and  teachers  for  pupils  of 
colored  or  mixed  blood  who  are  otherwise  qualified  for  admission  to  such 
high  schools.  (8143.) 

History.     L.  1901,  p.   190. 

—54— 


Sec.  193.  Pupils  from  other  counties.  If  at  any  time  the  school  can  ac- 
commodate more  pupils  than  apply  for  admission  from  that  county  in  which 
the  school  is  situated,  the  vacancy  may  be  filled  by  applicants  from  other 
counties  upon  the  payment  of  such  tuition  as  the  board  of  trustees  may  pre- 
scribe, but  at  no  time  shall  such  pupils  continue  in  such  school  to  the  exclu- 
sion of  such  pupils  residing  in  the  county  in  which  the  school  is  located. 
(8144.) 

History.     L.  1901,  p.  191. 

Sec.  194.  Principal  to  conduct  and  govern  school.  The  principal  of 
such  high  school  with  the  approval  of  the  board  of  trustees,  shall  make  such 
rules  and  regulations  as  he  may  deem  proper  in  regard  to  the  studies  and 
conduct  and  government  of  the  pupils  in  such  school;  and  if  the  pupils  will 
not  conform  to  nor  obey  the  rules  of  the  school,  they  may  be  suspended  or 
expelled  therefrom  by  the  principal  of  said  school  subject  to  the  approval 
of  the  board  of  trustees:  Provided,  that  the  principal  shall  have  power  to 
temporarily  suspend.  (8145.) 
History.  L.  1901,  p.  191. 

Sec.  195.  Graduates  may  enter  state  college.  Those  graduating  from 
the  normal  course  in  the  county  high  school  shall  be  entitled  to  a  teachers' 
second  grade  certificate  and  shall  be  admitted  to  the  first  year  of  profes- 
sional work  at  the  Normal  school  without  further  examination;  and  those 
graduating  from  the  collegiate  course  shall  be  entitled  to  admission  to  the 
freshman  class  of  the  State  University  and  the  State  Agricultural  and  Me- 
chanical College  without  further  examination.  (8146.) 
History.  L.  1901,  p.  191. 

Sec.  196.  Annual  report  of  trustees.  The  board  of  trustees  shall  an- 
nually on  the  first  day  of  July  of  each  year,  make  a  report  to  the  county 
commissioners,  which  report  shall  specify  the  number  of  students  attending 
the  high  school  during  the  year,  their  sex,  and  the  number  of  branches 
taught,  the  text  books  used,  the  number  of  teachers  employed,  the  salaries 
paid  and  the  amounts  expended  respectively  for  library,  apparatus,  building, 
p.nd  for  all  other  purposes;  also,  the  amount  of  funds  on  hand,  the  debts  un- 
paid, if  any;  the  amounts  due,  if  any;  and  all  other  information  deemed  im- 
portant or  expedient  to  report.  Such  report  shall  be  printed  in  at  least  one 
newspaper  of  the  county,  if  any  is  published  therein,  and  a  copy  of  the  report 
shall  be  forwarded  to  the  state  superintendent  of  public  instruction.  (8147.) 
History.  L.  1901,  p.  192. 

Sec.    197.     Vacancy    in    board.     The   county   commissioners   shall   have 
power  to  fill  any  vacancy  that  may  occur  in  the  board  of  trustees.     (8148.) 
History,     L.  1901,  p.  192. 

Sec.  198.  Salary  of  secretary  and  treasurer.  The  county  commission- 
ers shall  allow  the  secretary  and  treasurer  of  the  board  of  trustees  a  salary 
not  to  exceed  fifty  dollars  per  annum  each;  the  same  to  be  audited  and  paid 
in  a  like  manner  as  other  claims  by  the  said  board  of  trustees.  Said  trustees 
shall  not  be  entitled  or  receive  any  other  additional  remuneration.  (8149.) 
History.  L.  1901,  p.  192. 


—65— 


ARTICLE  XI. 
Separate  Schools. 


Section 

199.  Separate   school   required. 

200.  Definition     of     "colored"     public 

schools. 

201.  Teachers    violating    provisions — 

misdemeanors. 

202.  Private     institutions     for     mixed 

pupils — misdemeanor. 

203.  Instruction    in    same — penalty. 

204.  Mixed   attendance — pupils   fined. 

205.  County       levies       for       separate 

schools. 

206.  No  separate  schools — when. 

207.  Transfer   to   adjoining   district. 

208.  Duty  of   county  superintendent. 

209.  Commissioners   to   provide  build- 
ings— when. 


Section 

210.  Furniture    and    equipment. 

211.  School    funds. 

212.  County    superintendent     to     em- 

ploy  teachers. 

213.  Payment  of  teachers. 

214.  Expense  of  building  and  repair- 

ing  school   house. 

215.  District     board     to     settle     with 

county    commissioners. 

216.  Records. 

217.  Sale   of  real    estate   authorized. 
2  is.     Procedure. 

219.  Notice. 

220.  Competitive   bids. 

221.  Deed. 


Sec.  199.  Separate  school  required.  The  public  schools  of  the  State  of 
Oklahoma  shall  be  organized  and  maintained  upon  a  complete  plan  of  sepa- 
ration between  the  white  and  colored  races  with  impartial  facilities  for  both 
races.  (8193.) 

History.     L.   1907-8,   p.    694. 
Employment  of  teachers.     Section  212. 

Separate  school  board— validity  of  act.  L.  1897(  Ch.  34,  Art.  1,  is 
because  of  uncertainty  and  inconsistency  of  provisions,  and  in  viola- 
tion of  15th  amendment  of  U.  S.  Const,  and  Sec.  5,  Organic  Act. 
Porter  v.  Com'rs,  6  Ok.  550,  51  P.  741. 

Rights  of  educational,  charitable,  or  religious  institutions  to  ex- 
clude person  on  account  of  race  or  color.  24  L.  R.  A.  (ns)  447-n. 

Sec.  200.  Definition  of  "colored"  public  schools.  The  term  "colored"  as 
used  in  the  preceding  section  shall  be  construed  to  mean  all  persons  of  Afri- 
can descent,  who  possess  any  quantum  of  negro  blood,  and  the  term  "white" 
shall  include  all  other  persons.  The  term  "public  school"  within  the  mean 
ing  of  this  article,  shall  include  all  schools  provided  for  or  maintained  in 
whole  or  in  part  at  public  expense.  (8194.) 

History.     L.   1907-8,   p.   694. 

Under  S.  1890,  school  warrants  drawn  by  county  clerk  or  county 
treasurer  in  compliance  with  provisions  of  section,  to  be  paid  out  of 
moneys  of  separate  school  fund,  does  not  constitute  a  township  obliga- 
tion. School  Dist.  et  al.  v.  Capitol  Nat.  Bank,  7  Ok.  45,  54  P.  309. 

Sec.  201.  Teachers  violating  provisions — misdemeanors:  Any  teacher 
in  this  state  who  shall  willingly  and  knowingly  allow  any  child  of  the  col- 
ored race  to  attend  a  school  maintained  for  the  white  race,  or  allow  any 
white  child  to  attend  a  school  maintained  for  the  colored  race,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  and  his 
certificate  shall  be  cancelled  and  he  shall  not  have  another  issued  to  him 
for  a  period  of  one  year.  (8196.) 

History.     L.    1907-8,   p.    694. 

Sec.    202.       Private    institutions — for    mixed    pupils — misdemeanor:     It 

shall  be  unlawful  for  any  person,  corporation,  or  association  of  persons  to 
maintain  or  operate  any  college,  school  or  institution  in  this  state  where 
persons  of  both  the  white  and  colored  races  are  received  as  pupils  for  in- 
struction, and  any  person  or  corporation  who  shall  operate  or  maintain  any 
such  college,  school,  or  institution  in  violation  hereof,  shall  be  deemed 


—56— 


guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars;  and  each 
day  such  school,  college,  or  institution  shall  be  open  and  maintained  shall 
be  deemed  a  separate  offense.  (8197.) 

History.     L.    1907-8,   p.   695. 

Power  to  regulate  or  prohibit  private  schools.     29  L.  R.  A.   (ns)  53-n. 

Sec.  203.  Instructor  in  same — penalty.  Any  instructor  who  shall  teach 
in  any  school,  college,  or  institution,  where  members  of  the  white  race  and 
colored  race  are  received  and  enrolled  as  pupils  for  instruction,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for  each 
offense,  and  each  day  any  instructor  shall  continue  to  teach  in  any  such 
college,  school,  or  institution  shall  be  considered  a  separate  offense.  (8198.) 
History.  L.  1907-8,  p.  695. 

Sec.  204.  Mixed  attendance — pupils  fined.  It  shall  be  unlawful  for  any 
white  person  to  attend  any  school,  college,  or  institution  where  colored  per- 
sons are  received  as  pupils  for  instruction;  and  any  one  so  offending  shall 
be  fined  not  less  than  five  dollars  nor  more  than  twenty  dollars  for  each 
offense,  and  each  day  such  a  person  so  offends  as  herein  provided,  shall  be 
deemed  a  distinct  and  separate  offense:  Provided,  that  nothing  in  this  article 
shall  be  so  construed  as  to  prevent  any  private  school,  college  or  institution 
of  learning  from  maintaining  a -separate  and  distinct  branch  thereof  in  a  dif- 
ferent locality.  (8199.) 

History.     L.    1907-8,   p.    695. 

Sec.  205..  County  levies  for  separate  schools.  In  all  counties  separate 
schools  for  white  and  colored  children  are  hereby  established,  and  such 
schools  shall  be  permanently  maintained,  and  the  board  of  county  commis- 
sioners shall  annually  provide  for  a  tax  on  all  taxable  property  in  their 
respective  counties  sufficient  to  maintain  said  separate  schools  as  herein 
after  provided;  said  taxes  shall  be  estimated,  published,  levied,  and  collected 
in  the  same  manner  as  other  taxes  for  county  purposes  and  in  school  dis- 
tricts where  such  separate  schools  are  maintained  no  white  child  shall  at- 
lend  a  colored  school  or  colored  child  attend  a  white  school.  (8200.) 

History.  L.  1901,  p.  205.  Revision:  "Levy"  changed  to  "Provide 
for"  a  tax,  etc.,  in  accordance  with  Article  22. 

Separate  buildings.  School  districts  which  include  cities  of  first 
class  have  equal  concern  in  education  of  all  children  in  district  of 
school  age,  whether  white  or  colored,  and  may  erect  separate  build- 
ings for  different  classes.  Kingfisher  Board  of  Education  v.  Co.  Com'rs, 
14  Ok.  322,  78  P.  455. 

Same.  Separate  school  statute  construed  and  held  not  unconsti- 
tutional. Id. 

Mandamus  granter  under  act  to  enforce  a  levy  upon  taxable  property 
for  maintenance  of  separate  colored  schools.  Porter  et  al.  v.  Com'rs, 
6  Ok.  550,  51  P.  741. 

Township    liability.    When    separate    schools    are    established,    under 

K.    1890,    county   commissioners   must  levy  a   tax   sufficient   to   maintain 

same,   and  expense  thereof  in  a  township  cannot  be  made  a  township 

.,    obligation.     School  Dist.  et  al.  v.  Capitol  Nat.  Bank,  7  Ok.  45,  54  P.  309. 

Sec.  206.  No  separate  schools,  when.  In  any  school  district  in  such 
county  having  both  white  and  colored  children  of  school  age,  where  the 
number  of  such  children  either  white  or  colored  of  school  age  does  not 
exceed  ten  and  they  can  be  transferred  to  schools  of  their  own  color  in  ad- 
joining districts,  as  hereinafter  provided,  no  separate  schools  shall  be  main- 
tained. (8201.) 

History.     L.   1901,  p.   205. 

—57—     " 


Sec.  207.  Transfer  to  adjoining  district.  When  either  the  white  or  col- 
ored children  of  school  age  in  any  such  school  district,  having  both  white 
and  colored  children  of  school  age  do  not  exceed  ten  in  number,  the  county 
superintendent  of  schools  in  such  county  shall  transfer  the  white  or  colored 
children  that  are  the  fewer  in  number  to  the  nearest  school  of  their  own 
color  in  some  adjoining  district,  when  the  same  can  be  done  with  the  consent 
of  their  parents,  guardians  or  custodians ;  or  without  such  consent,  when  any 
such  children  can  be  so  transferred  without  compelling  them  to  travel  more 
than  two  and  one-half  miles  to  attend  such  school.  And  when  any  child  is  so 
transferred  to  another  school  under  the  provisions  of  this  section,  the  county 
superintendent  shall  apportion  its  per  capita  of  all  school  revenue,  except 
local  school  district  tax  and  county  separate  school  fund,  to  the  school  dis- 
trict to  which  it  is  transferred,  and  such  children  shall  have  all  the  rights 
and  privileges  in  the  school  to  which  it  is  transferred  that  are  enjoyed  by 
children  resident  in  such  district.  (8202.) 

History.     L.    1901,   p.   205. 

Sec.  208.  Duty  of  County  Superintendent:  The  county  superintendent 
of  schools  of  each  county  shall  ascertain  what  districts  of  his  county  have 
separate  schools  for  white  and  colored  children,  the  number  of  such  chil- 
dren of  each  color  in  each  district,  and  further  ascertain  the  districts,  if 
any,  maintaining  separate  schools  and  have  not  erected  school  houses  for 
both  white  and  colored  children,  and  report  the  same  to  the  board  of 
county  commissioners  of  his  county,  and  in  like  manner  report  such  facts 
when  any  other  district  in  his  county  may  desire  to  establish  such  separat? 
schools.  (8203.) 

History.     L>.  1901,  p.   206. 

Sec.  209.  Commissioners  to  Provide  Building— When:  If  upon  the 
receipt  of  such  report,  the  board  of  county  commissioners  of  such  county 
find  from  such  report,  or  any  other  legal  evidence  that  they  may  desire 
to  consider,  that  any  of  such  districts  so  maintaining,  or  that  are  entitled 
to  maintain,  separate  schools  for  white  and  colored  children,  have  not  fur- 
nished or  acquired  a  school  building  for  that  class  of  children,  either  white 
or  colored,  that  is  the  fewer  in  numbers  in  said  district,  and  that  such  chil- 
dren cannot  be  transferred  to  adjoining  districts  as  provided  herein,  then 
such  board  of  county  commissioners  shall  cause  the  county  superintendent 
of  schools  of  such  county  to  file  with  them  a  statement  in  writing,  with 
the  specifications  of  the  kind  of  school  house  needed  by  the  class  of  chil- 
dren that  are  fewer  in  number  in  said  districts;  and  when  such  board  of 
county  commissioners  have  settled  the  plans  and  specifications  for  such 
building,  suitable  in  their  judgment  for  such  purpose,  they  shall  advertise 
for  bids  for  the  construction  of  such  building  by  notice  posted  in  such  dis- 
trict and  published  at  least  four  consecutive  weeks  in  a  newspaper  pub- 
lished in  such  county,  if  any  be  published  therein,  and  if  no  newspaper  be 
published  in  such  county,  then  by  posting  public  notices  in  said  school 
district  and  at  five  other  public  places  in  said  county;  and  such  contract 
shall  be  let  to  the  lowest  responsible  bidder  in  the  same  manner  as  other 
contracts  are  let,  and  the  board  of  county  commissioners  shall  take  proper 
bonds  for  the  performance  thereof.  Such  building,  when  completed  and 
accepted  by  such  board  of  county  commissioners,  shall  be  paid  for  by  them 
by  warrants  drawn  by  them  on  the  separate  school  fund  of  such  countv 
(8204.) 

History.     L.   1901,   p.   206. 

Sec.  210.  Furniture  and  Equipment:  T]fce>  school  districts  shall  fuar- 
nish  all  schools  with  the  same  kind  of  furniture  and  equipments  an/l  gjlvp; 

—58— 


equal  school  facilities  to  both  white  and  colored  children  at  the  expense  of 
such  school  district,  except  as  otherwise  provided  in  this  article.     (8205.) 

History.     L.   1901,  p.  207. 

Disposition  of  schools.  Separate  schools  erected  by  county  com- 
missioners do  not  become  property  of  county  in  the  sense  that  same 
may  be  disposed  of  by  commissioners  as  county  property.  School 
Dist.  v.  Overholser  et  al.,  17  Ok.  147,  87  P.  .665. 

Original  section  construed.  A.  T.  &  S.  F.  R.  R.  Co  et  al.  v.  Haynes, 
8  Ok.  576,  58  P.  738. 

Sec.  211.     School  Funds:     All  school  funds  except  the  county  separate 
school  fund   apportioned  to  such  district  shall  be   carried  to  the  regular 
account  of  such  district.     (8206.) 
History.     L.    1901,    p.   207. 

Sec.  212.  County  Superintendent  to  Employ  Teachers  and  Prescribe 
Rules:  It  shall  hereafter  be  the  duty  of  all  county  superintendents  of  pub- 
lic instruction  to  contract  with  and  employ  all  the  teachers  for  the  sepa- 
rate, or  minority  schools  now  maintained  or  hereafter  to  be  established 
in  their  respective  counties;  said  teachers  before  being  so  employed  shall 
possess  all  the  qualifications  which  are  now  required  by  law,  and  shall  be 
paid  in  the  same  manner  as  is  now  provided  by  law,  and  the  county  superin- 
tendent of  public  instruction  shall  have  the  power  to  prescribe  rules  and 
regulations  for  the  government  of  said  separate  or  minority  schools. 

H.  B.   145,  L,.   1911. 

Sec.  213.  Payment  of  Teachers:  The  teachers  of  the  schools  for  that 
class  of  children,  either  white  or  colored,  that  are  the  fewer  in  numbers  in 
any  district,  having  separate  schools,  shall  be  paid  out  of  the  county  sepa- 
rate school  fund;  and  lor  such  purpose  the  school  district  board  shall  draw 
their  warrant  on  the  county  clerk  of  their  county  in  favor  of  the  teachers 
of  such  separate  schools  in  such  districts,  and  the  county  clerk  shall  draw 
his  warrant  on  the  county  treasurer  for  such  amount,  which  shall  be  paid 
out  of  the  separate  school  fund  of  such  county  in  the  order  of  its  registra- 
tion and  presentation:  Provided,  however,  That  the  county  clerk  shall 
not  draw  on  said  separate  school  fund  for  any  greater  amount  for  teachers 
employed  for  any  district  than  is  paid  the  like  number  of  teachers  for  the 
like  time  by  the  school  district  for  teaching  in  the  other  schools  of  said 
district.  No  contract  shall  be  let  or  allowance  be  made  for  building  such 
house  in  any  sum  in  excess  of  the  moneys  or  bonds  of  such  district  expend- 
ed for  the  building  of  a  school  house  in  such  districts  for  the  children  of 
the  other  class.  (8208.) 

History.     L,.  1901,  p.  208. 

Sec.  214.  Expense  of  Building  and  Repairing  School-House:  Such 
school  house  so  built  by  the  county  may  be  built  in  any  part  of  said  dis- 
trict which  in  the  judgment  of  the  board  of  county  commissioners  will  be 
most  convenient  to  the  greatest  number  of  the  children  for  whom  it  is 
intended;  and  for  such  purpose  such  board  of  county  commissioners  may 
receive  title  to  a  proper  school  site,  by  gift,  purchase  or  proceedings  to 
condemn  the  same,  in  the  same  manner  and-  with  like  effect  as -when  such 
actions  are  brought  by  school  districts.  Such  county  shall  not  be  at  any 
other  or  further  expense  on  account  of  such  building;  but  the  school  dis- 
trict, at  its  own  expense,  shall  keep  such  house  in  repair  and  rebuild  the 
same  if  destroyed.  The  county  shall  be  at  no  expense  on  account  of  school 
houses,  or  repairing  same,  where  districts  have  a  school  house  or  houses 
for  that  class  of  children,  white  or  colored,  that  are  the  fewer  in  numbers 
in  such  district.  (8208.) 

History.     L.  1901,  p.  208. 

—59— 


Sec.  215.  District  Boards  to  Settle  With  County  Commissioners.  At 
the  regular  April  meeting,  each  year,  of  the  board  of  county  commissioners, 
the  school  district  boards  of  all  school  districts  maintaining  separate 
schools  for  white  and  colored  children  shall  make  a  settlement  with  the 
board  of  county  commissioners  of  their  counties,  which  settlement  shall 
show  the  amount  of  money  drawn  for  them  out  of  such  separate  school 
fund  and  such  other  facts  as  the  board  of  county  commissioners  may  desire 
to  know,  and  file  therewith  a  statement  of  their  needs  for  the  ensuing  year; 
and  any  school  board  that  fails  to  make  such  settlement  before  the  time  to 
estimate  the  levy  for  annual  taxes,  shall  be  required  to  pay  their  own  ex- 
penses, of  all  kinds,  for  separate  schools  for  the  next  ensuing  year.  (8209.) 
History.  L.  1901,  p.  209. 

Sec.  216.  Records:  The  school  district  clerk,  county  clerk  and  county 
treasurer  shall  keep  proper  and  full  records  showing  the  condition  of  such 
separate  school  fund  and  each  of  such  officers  shall  preserve  all  vouchers, 
warrants  and  other  orders  pertaining  to  such  fund  and  belonging  to  their 
respective  offices.  (8210.) 

History.     L.  1901,  p.  209. 

Sec.  217.  Sale  of  Real  Estate  Authorized:  The  board  of  county  com- 
missioners of  any  county  is  hereby  authorized  to  sell  and  convey  any  real 
estate  deeded  to,  or  held  by  such  county,  for  the  purpose  of  separate,  or 
colored,  schools  where  the  same  has  not  been  used  for  separate  school 
purposes  for  the  preceding  two  years,  and  in  the  opinion  of  such  commis- 
sioners, will  not  be  needed  for  such  purpose,  such  sale  to  be  in  the  manner 
hereinafter  provided. 

History.     L.  1910,  p.  208. 

Sec.  218.  Procedure:  Before  any  such  sale  shall  be  made,  the  board 
of  county  commissioners,  in  regular  or  special  session,  shall  adopt  a  reso- 
lution declaring  that  said  real  estate  had  not  been  used  for  separate  school 
purposes  during  two  years  immediately  preceding  the  date  of  such  resolu- 
tion, and  that  the  same  is  not  needed  for  separate  school  purposes;  said 
resolution  to  be  published  with  other  proceedings  of  said  board  and  a  copy 
of  said  resolutions  shall  be  certified  by  the  county  clerk  to  the  judge  of  the 
district  court  of  such  county  and  such  judge  shall  make  a  finding  as  to 
whether  it  is  to  the  best  interests  of  the  separate  school  fund  that  such 
property  be  sold,  and  if  he  finds  that  such  sale  is  for  the  best  interest  of 
such  fund,  he  shall  appoint  three  disinterested  freeholders  of  said  county 
to  appraise  said  real  estate,  said  appraisement  to  be  returned  by  said 
appraisers  to  the  Board  of  county  commissioners. 
History.  L.  1910,  p.  208. 

Sec.  219.  Notice:  Upon  the  return  of  the  appraisement,  as  provided 
in  the  preceding  section,  the  board  of  county  commissioners  shall  give 
notice  of  such  sale  by  publication  in  some  newspaper  of  general  circula- 
tion in  such  county,  for  a  period  of  thirty  days. 

History.     L.   1910,  p.  208. 

Sec.  220.  Competitive  Bids:  Bids  for  said  real  estate  shall  be  in  writ- 
ing, sealed,  and  delivered  to  the  county  clerk  of  such  county  and  by  him 
preserved  unopened,  until  the  next  regular  meeting  'of  the  board  of  county 
commissioners,  after  the  expiration  of  ten  days  from  the  period  of  said 
publication,  at  which  time  the  board  of  county  commissioners  shall  open 
such  bids  and  award  the  said  real  estate  to  the  highest  and  best  bidder 
1'or  the  same:  Provided,  That  such  real  estate  shall  not  be  sold  for  less 

—60— 


than  eighty  per  cent  of  its  appraised  value,  and  the  board  of  county  coiil- 
missioners  shall  have  the  power  to  reject  any  and  all  bids. 

History.     L.   1910,   p.   209. 

Sec.  221.  Deed:  When  any  real  estate  shall  have  been  sold  as  above 
provided,  a  deed  shall  be  made  therefor,  signed  and  acknowledged  by  the 
chairman  of  the  board  of  county  commissioners  and  attested  by  the  county 
clerk,  which  deed  shall  recite  the  several  steps  and  proceedings  taken  to 
authorize  such  sale,  and  such  recitals  shall  be  prima  facie  evidence  of  the 
truth  of  the  matters  recited. 

History.     L.   1910,  p.   209. 


The  Oklahoma  Primary 
Reading  Chart 

THE  OKLAHOMA  PRIMARY  READING  .CHART  is  a  part  of  the  first  year's 
work  and  the  Semi-Slant  Script  has  been  prepared  by  special  contract  with 
the  Text  Book  Commission  to  conform  with  the  adopted  series  of  copy  books. 
No  other  reading  chart  contains  the  following  special  features: 

1st — Reading  lessons  especially  strong  in  thought  and  literary  style.  Subjects 
which  interest  the  child,  because  they  relate  directly  to  his  home  life  and  en- 
vironment. Lessons  containing  something  of  history  and  literature,  also  animals 
and  plant  life. 

2nd — Semi-Slant  Script  transition  to  print.  On  the  first  pages  the  lessons  are  in 
both  semi-slant  script  and  print,  and  on  all  pages  the  new  words  are  introduced 
in  both  script  and  print. 

3rd — Illustrations  made  by  real  artists  especially  for  the  chart,  hence  they  are 
large  and  truly  artistic  as  well  as  educational. 

4th — A  definite  system  of  phonetics  and  word  building. 

5th — New  words  introduced  slowly  and  systematically  and  frequently  reviewed. 

6th— SONGS  WITH  MUSIC,  MEMORY  GEMS,  AND  STORIES,  which  re- 
late directly  to  the  Reading  Lessons. 

7th — An  abundance  of  busy  work,  including  Stick  Laying.  Numberp,  etc. ;  also 
outline  drawings  of  leaves  and  birds,  to  be  used  for  drawing,  language  work  and 
nature  study. 

8th— Full  instructions  to  teachers  on  the  chart. 

There  are  30  Charts,  each  30x38  inches.     The  strongest  paper  and  material  are  used 
throughout.     The  edges  are  bound  in  linen. 

Every  School  Should  be  Supplied  with  this  chart 

Price  $6.90  f.  o.  b.  Oklahoma  City.      This  includes 
adjustable  revolving  iron  stand. 

Jasper  Sipes  Co. 

Publishers  Oklahoma  City 

—61— 


ARTICLE  XII. 

Agricultural    Education. 


Section  Section 

222.  State   commissioners    of   agricul-  230. 

tural  and  industrial  education.  231. 

223.  Certain  subjects  to  be  taught  in 

schools.  232. 

224.  Duty    of    state    superintendent.  233. 

225.  County  superintendent  to  file  re- 

ports. 234. 

226.  Qualifications      and      duties      of 

teachers.  235. 

227.  Normal   schools   to   give   agricul-  236. 

tural   instruction.  237. 

228.  A.  &  M.  college  to  head  system.  238. 

229.  Establishment  of  chair.  239. 


Surveys. 

A.  &  M.  graduates  to  receive 
permanent  certificate. 

Course   of   study. 

A.  &  M.  college  examination 
questions. 

A.  &  M.  college  entrance  exam- 
inations. • 

Secondary  schools. 

Creation  of  Pan-Handle  school. 

Same — experimental    farms. 

Same — Farmers'    short    course. 

Same — what  may  be  taught. 


Sec.  222.  State  Commission  of  Agricultural  and  Industrial  Education: 
That  for  the  purpose  of  carrying  out  the  requirements  of  the  state  consti- 
tution relating  to  the  teaching  of  the  elements  of  agriculture,  horticulture 
and  stock  feeding,  and  domestic  science  in  the  common  schools  of  the 
State,  there  is  hereby  created  a  State  commission  of  agricultural  and 
industrial  education,  consisting  of  the  state  superintendent  of  public  in- 
struction, who  shall  be  chairman  thereof;  the  president  of  the  State  board 
of  agriculture,  and  the  president  of  the  agricultural  and  mechanical  col- 
lege, each  of  whom  shall  serve  without  additional  pay.  Said  commission 
shall  conform  to  the  rulings  of  the  State  board  of  education,  shall  co-oper- 
ate with  all  state  normal  schools,  the  argicultural  and  mechanical  colleges, 
and  the  State  board  of  agriculture,  and  said  boards  and  institutions  are 
hereby  required  to  co-operate  with  the  state  commission  of  agricultural 
and  industrial  education  as  far  as  practicable,  and  without  interfering  with 
the  more  immediate  duties  of  said  boards  and  institutions.  Said  commis- 
sion shall  make  a  report  in  writing  to  the  governor  at  least  thirty  days 
prior  to  the  regular  sessions  of  the  legislature,  including  the  work  done 
under  its  supervision  and  a  complete  account  of  all  funds  and  their  dis- 
bursements made  in  pursuance  of  this  article,  together  with  such  recom- 
mendations as  may  by  said  commission  be  deemed  advisable.  (76.) 
History.  L.  1907-8,  p.  13. 

Sec.  223.  Certain  Subjects  To  Be  Taught  in  Schools:  The  elementary 
principles  of  agriculture,  horticulture,  animal  husbandry,  stockfeeding,  for- 
estry, building  country  roads,  and  domestic  science,  including  the  elements 
of  economics,  shall  be  embraced  in  the  branches  taught  in  all  the  public 
schools  of  this  State  receiving  any  part  of  their  support  from  this  State, 
and  these  branches  shall  be  as  thoroughly  studied  and  taught  by  observa- 
tion, practical  exercises,  and  the  use  of  text  and  reference  books,  and  in 
the  same  manner,  as  are  other  like  required  branches  in  said  public 
schools.  (77.) 

History.     L.  1907-8,  p.  14. 

Sec.  224.  Duty  of  State  Superintendent:  The  state  superintendent  of 
public  instruction  shall  investigate  and  determine  the  character,  extent  and 
cost  of  courses  of  instruction  in  the  branches  provided  for  herein,  including 
manual  training  adapted  to  the  different  schools,  and  shall,  through  bulle- 
tins and  public  addresses,  give  information  to  school  boards  and  commun- 
ities as  to  the  courses  and  character  of  instruction  which  have  proved  most 
satisfactory  and  best  adapted  to  various  schools.  He  shall  determine  and 


give  information  as  to  where  the  most  thoroughly  trained  and  hest  equipped 
teachers  of  subjects  named  herein  may  be  found,  and  shall  formulate  and 
recommend  plans  for  the  organization  of  training  and  normal  schools  for 
the  preparation  of  teachers  of  said  subjects.  He  shall,  in  all  proper  ways, 
seek  to  awaken  an  active  interest  among  teachers  in  the  subjects  required 
herein  to  be  taught  and  shall,  in  all  proper  ways,  awaken  public  sentiment 
to  the  importance  of  teaching  said  subjects  in  the  common  schools  and  all 
public  schools  with  efficiency  and  success,  and  shall  make  such  investiga- 
tions a"s  may  be  necessary  for  the  proper  performance  of  his  duties  as  pre- 
scribed herein.  (78.) 

History.     L.  1907-8,  p.  14. 

Sec.  225.  County  Superintendents  To  File  Reports:  All  county  super- 
intendents of  education  shall  file  a  written  report  with  the  president  of  the 
State  board  of  education  annually  at  such  time  as  the  president  of  said 
board  may  require,  concerning  the  cost,  character  and  extent  of  such  courses 
of  instruction  in  the  branches  provided  herein  to  be  taught  in  their  respec- 
tive counties,  together  with  such  reports  on  work  done  and  suggestions 
in  relation  thereto  as  the  president  of  the  state  board  of  education  may 
require.  (79.) 

History.     L.    1907-8,   p.   15. 

Sec.  226.  Qualifications  and  Duties  of  Teachers:  No  person  shall 
teach  and  no  certificate  be  granted  to  an  applicant  to  teach,  in  the  public 
schools  receiving  aid  from  this  State,  who  has  not  passed  a  satisfactory 
examination  in  the  elements  of  agriculture  and  allied  branches  mentioned 
herein.  It  shall  be  the  duty  of  teachers  in  all  schools  receiving  aid  from 
the  State  to  file  quarterly,  or  at  such  times  as  the  county  superintendent 
may  require,  a  written  report  with  the  county  superintendent  of  public 
instruction,  of  th^ir  respective  counties,  in  full  detail,  of  any  progress 
made  or  work  done  in  the  different  branches  required  to  be  taught  under 
the  terms  of  this  article,  together  with  such  recommendations  as  they  may 
deem  advisable,  and  such  other  information  as  the  county  superintendent 
may  require.  Any  teacher,  whose  duty  it  is  to  instruct  in  branches  herein 
to  be  taught,  who  fails  or  neglects  to  comply  with  the  provisions  of  this 
article,  shall  be  discharged.  (80.) 

History.     L.    1907-8,   p.   15. 

Sec.  227.  Normal  Schools  to  Give  Agricultural  Instruction:  The  State 
normal  schools,  and  like  schools  to  be  hereafter  created,  shall  lend  specific 
assistance  in  carrying  out  the  purposes  of  this  article  by  preparing  teachers 
for  the  work  of  instruction  in  the  elements  of  agriculture  and  allied 
branches  named  herein  in  the  same  manner  as  teachers  are  prepared  for 
other  required  subjects  and  shall  render  such  co-operation  and  active  sup- 
port through  their  respective  presidents,  officers,  and  teachers  as  will  best 
contribute  to  the  successful  introduction  and  support  of  a  thorough  system 
of  agricultural  and  industrial  education  for  the  schools  of  the  State.  There 
shall  be  established  in  each  of  the  State  normal  schools,  located  or  to  be 
hereafter  located,  a  department  to  be  known  as  the  department  of  agri- 
cultural and  industrial  education,  with  a  professor  in  charge,  which  shall 
give  such  instruction  in  the  regular  course  or  courses  as  may  be  deemed 
necessary  for  the  instruction  of  teachers  in  the  public  schools  of  the 
State.  (81.) 

History.  L.  1907-8,  p.  15.  Revision:  Following  "carrying  out"  is 
inserted  "the  purposes  of  this  article  by  preparing  teachers  for  the" 
—in  order  to  carry  out  tFTe  sense  and  meaning  of  the  section. 

—63-- 


Sec.  228.  A.  &  M.  College  to  Head  System:  The  Agricultural  and 
Mechanical  College  shall  be  the  technical  head  of  the  agricultural,  indus- 
trial, and  allied  science  system  of  education,  and  its  president,  professors 
and  employees  shall  lend  such  assistance  in  carrying  out  the  objects,  aims 
and  purposes  of  the  state  constitution  requiring  the  teaching  of  agriculture 
and  allied  practical  subjects  as  shall  not  conflict  with  the  immediate  duties 
incumbent  on  them  in  said  institution.  (82.) 

History.     L.   1907-8,  p.   16. 

Sec.  229.  Establishment  of  Chair:  There  is  hereby  created  the  chair 
of  agriculture  for  schools,  the  occupant  of  which  shall  be  a  member  of  the 
faculty  of  the  Agricultural  and  Mechanical  College,  whose  duty  shall  be 
to  direct  and  advise  in  all  matters  relating  to  the  teaching  of  agriculture 
and  allied  subjects  in  the  common  schools,  under  the  supervision  of  the 
president  of  the  Agricultural  and  Mechanical  College,  and  he  shall  be  paid 
from  the  funds  of  the  Agricultural  and  Mechanical  College.  He  shall  visit 
the  schools,  the  teachers'  institutes,  the  summer  normal  schools,  and  the 
State  normal  schools,  advise  with  the  teachers  and  officers  concerned,  and 
plan  such  means  of  co-operation  in  the  improvement  of  methods,  appliances, 
the  use  of  seeds,  plants,  and  trees  as  may  from  time  to  time  be  necessary, 
and  shall  prepare,  print  and  distribute  such  leaflets  and  other  literature 
as  may  be  helpful  to  teachers  and  pupils  concerned  or  engaged  in  teaching 
industrial,  practical,  and  scientific  subjects  bearing  on  technical  and  prac- 
tical agriculture  and  its  allied  branches.  (83.) 

History.  L.  1907-8,  p.  16.  Revision:  "The  occupant  of  which"  in- 
serted in  second  line,  as  the  "chair"  itself  could  not  be  a  member 
of  the  family. 

Sec.  230.  Surveys:  It  shall  be  the  duty  of  the  Agricultural  and  Me- 
chanical College,  under  the  board  of  agriculture,  (ex-officio  board  of  regents 
of  said  institution),  to  carry  on  all  natural  history  surveys,  soil  surveys, 
mineral,  and  forestry  surveys  that  are  now  provided  for  by  the  laws  of 
the  State,  or  that  may  hereafter  be  provided  for,  and  it  shall  be  the  duty 
of  said  Agricultural  and  Mechanical  College  to  co-operate  with  the  national 
department  of  agriculture,  in  carrying  out  the  surveys  herein  mentioned, 
and  in  the  construction  of  country  roads,  and  in  all  ways  and  by  all  means 
to  supply  the  schools  and  the  people  with  agricultural,  industrial,  and 
technical  facts  demanded  by  the  spirit  of  this  article.  (84.) 

History.     L.    1907-8,   p.    17.     Revision:     Minor   changes   in   language. 

Sec.  231.  A.  &  M.  Graduates  to  Receive  Permanent  Teachers'  Certifi- 
cates: Any  student  having  completed  the  regular  four  years'  course  of 
study  of  the  Agricultural  and  Mechanical  College  and  receiving  a  diploma 
from  said  college,  shall  be  granted  a  permanent  teachers'  certificate  of  first 
grade  by  the  State  superintendent  of  public  instruction,  when  application 
for  such  certificate  has  been  duly  made  and  approved  by  the  State  commis- 
sion of  agricultural  and  industrial  education.  (85.) 
History.  L.  1907-8t  p.  17. 

Sec.  232.  Courses  of  Study:  The  State  commissioners  of  agricultural 
and  industrial  education,  with  the  assistance  of  such  experts  in  agricultural 
education  as  may  be  secured  from  the  state  and  national  departments  of 
agriculture,  shall  have  the  authority  and  it  shall  be  their  duty  to  prepare 
a  detailed  course  of  study  in  the  elements  of  agriculture  and  allied  sub- 
jects, domestic  science,  and  economics  adapted  to  the  needs  of  instruction 
in  the  elementary  and  secondary  schools  of  the  State.  The  commission 
shall  prepare  a  syllabus  of  the  course  of  study  in  each  subject,  in  such 
detail  and  with  such  elaboration  of  the  body  of  knowledge  to  be  considered 


as  may  be  necessary  for  the  organization  and  administration  of  the  proper 
courses  of  instruction  in  said  branches.  In  preparing  the  courses  of  study 
required  herein  to  be  taught,  any  of  said  subjects  may  be  combined  in  one 
text  book  so  they  will  be  adaptable  to  the  various  schools  in  which  they  are 
taught,  at  the  same  time,  so  far  as  possible,  giving  practical  educational 
values  to  each  subject.  Upon  the  satisfactory  completion  of  said  course 
of  study,  as  evidenced  by  a  diploma  or  certificate  signed  by  the  county 
superintendent,  pupils  shall  be  admitted  to  the  sub-freshman  or  higher  class 
of  the  Agricultural  and  Mechanical  College  without  further  examination. 
Tt  shall  be  the  duty  of  the  president  of  the  Agricultural  and  Mechanical 
College  each  year  to  send  to  each  school  in  this  State,  where  such  branches 
HS  required  by  this  article  are  taught,  a  catalogue,  and  upon  application 
to  furnish  said  schools  such  other  information  as  may  be  desired  relative 
to  said  college.  Such  catalogues  and  other  information  shall  be  kept  in 
each  school  for  reference.  (86.) 
History.  L,.  1907-8,  p.  17. 

Sec.  233.  A.  &  M.  College  Examination  Questions:  Tt  shall  be  the  duty 
of  the  State  superintendent  of  public  instruction  to  secure,  at  least  twice 
a  year,  a  set  of  examination  questions  in  all  the  studies  required  for  admis- 
sion to  the  Agricultural  and  Mechanical  College,  and  he  shall  send  a  printed 
list  of  same  to  each  county  superintendent,  which  shall  be  used  in  exam- 
ining candidates  who  may  desire  to  enter  said  college.  (87.) 
History,  T,.  1907-8,  p.  18. 

Sec.  234.  A.  &  M.  College  Entrance  Examination:  It  shall  be  the 
duty  of  the  county  superintendent  to  give  public  notice  of  the  examination 
provided  for  in  the  preceding  section  at  the  time  of  all  regular  teachers' 
examinations,  and  to  submit  such  questions  to  any  candidate  who  may 
desire  to  enter  the  Agricultural  and  Mechanical  College.  The  examination 
shall  be  conducted  in  the  same  manner  as  are  regular  teachers'  examina- 
tions of  the  county.  The  work  of  each  and  every  candidate,  together  with 
the  name  and  address,  shall  be  forwarded  by  the  State  superintendent 
v/ithin  ten  days  from  the  date  of  the  examination,  and  by  him  to  the  presi- 
dent of  the  college,  who  shall  examine  and  grade  the  answers,  and  report 
to  the  candidate  as  soon  as  possible,  after  the  receipt  of  the  paper,  the 
result  of  the  examination.  An  average  grade  of  seventy  percent  in  each 
branch  shall  admit  the  candidate  to  the  Agricultural  and  Mechanical  Col- 
lege without  further  examination.  (88.) 

History.     L.   1907-8,  p.  18. 

Sec.  235.  Secondary  Schools:  There  shall  be  established  in  each  of 
the  supreme  court  judicial  districts  a  District  Agricultural  school  of  second- 
ary grade  for  instruction  in  agriculture  and  mechanics  and  allied  branches, 
and  domestic  science,  and  economics,  with  courses  of  instruction  leading 
to  the  Agricultural  and  Mechanical  College,  and  the  State  normals. 
Each  of  said  agricultural  schools  shall  be  provided  with  not  less  than  eighty 
acres  of  land  without  cost  to  the  State,  and  deeded  in  perpetuity  to  the 
State.  The  location,  operation,  and  equipment  of  said  agricultural  schools 
shall  be  under  the  administration  of  the  State  commission  of •  agricultural  • 
and  industrial  education,  subject  to  the  approval  of  the  board  of  agri- 
culture. (89.) 

History.  L.  1907-8,  p.  18.  Revision:  Provision  for  location  of 
schools  "beginning  July,  1908,"  and  semi-annually  thereafter,  elim- 
inated, as  all  of  said  schools  have  been  located. 

Sec.  236.  Creation  of  Panhandle  Schools:  The  counties  of  Cimarron, 
Texas  and  Beaver  are  hereby  created  into  a  separate  district  to  be  known 
as  the  Panhandle  Agricultural  District  and  there  shall  be  established  in 

—65— 


said  district  a  district  agricultural  school  of  secondary  grade  for  instruc- 
tion in  agriculture  and  mechanics  and  allied  branches  and  domestic  science, 
and  economics  with  courses  of  instruction  leading  to  the  Agricultural  and 
Mechanical  College  and  the  State  normals,  said  school  to  be  known  as  the 
Panhandle  Agricultural  Institute:  Provided,  That  said  agricultural  school 
shall  be  provided  with  not  less  than  eighty  acres  of  land  without  cost  to 
the  State,  and  deeded  in  perpetuity  to  the  State.  The  locating  of^said 
Panhandle  Agricultural  Institute,  and  the  operating  and  equipment  ofs'aid 
school  shall  be  under  the  administration  of  the  State  commission  of  agri- 
cultural and  industrial  education,  subject  to  the  approval  of  the  board  of 
agriculture:  Provided,  further,  That  the  said  school  shall  be  governed 
and  maintained  as  are  the  other  agricultural  schools  of  secondary  grade 
heretofore  established. 

History.__L.  1909,  p.  16;  effective  June  10,  1909.  Revision:  Refer- 
ence by  title  to  the  act  establishing  the  district  agricultural  schools 
eliminated  as  unnecessary. 

Sec.  237.  Same — Experimental  Farms:  There  shall  be  an  experi- 
mental  farm,  operated  by  each  of  said  agricultural  schools,  on  which  care- 
ful  trials  shall  be  made  of  the  best  fruits,  vegetables,  flowers,  field  and 
forage  crops,  fertilizers,  and  stock  feeds  for  that  section,  as  well  as  the 
systems  of  dairying,  drainage,  irrigation  and  farm  management  that  may 
be  considered  of  practical  value  and  adapted  to  the  needs  of  the  people 
in  such  supreme  court  judicial  districts:  Provided,  That  each  district 
agricultural  school  shall  make  at  least  one  report  annually  to  the  governor 
of  the  State  covering  all  work  done,  its  cost,  the  results,  and  the  probable 
value  of  such  experiments,  which  report  shall  be  published  for  free  dis- 
tribution to  farmers,  fruit  and  vegetable  growers  and  stockmen  in  the 
supreme  court  judicial  district  in  which  said  school  is  located.  (90.) 

History.     '£,.    1907-8,   p.   19. 

Sec.  238.  Same — Farmers'  Short  Course:  There  shall  be  held  annu- 
ally by  each  of  said  agricultural  schools  a  farmers'  short  course  extending 
over  at  least  one  week  and  embracing  practical  and  elementary  scientific 
./"instruction  in  those  branches  of  agriculture  that  may  be  deemed  most 
important  in  the  supreme  court  judicial  district  in  which  any  such  agri- 
cultural school  is  located  at  the  time  such  short  course  of  instruction  is  to 
be  provided,  including  a  course  in  domestic  economy,  canning,  preserving 
and  cooking.  There  shall  be  no  fees  charged-  for  attendance  on  these  prac- 
tical courses  of  instruction  and  no  entra/ice  examinations  may  be  required: 
Provided,  That  all  citizens  of  the  white**  rac^over  fifteen  years  of  age  shall 
be  entitled  to  admission  to  such  courses.  f(91.) 

History.     L.   1907-8,  p.   19. 

Sec.  239.  Same — What  May  Be  Taught:  No  course  of  instruction 
shall  be  offered  in  such  agricultural  schools  other  than  industrial  courses, 
but  this  shall  not  exclude  teaching  the  common  school  branches,  the  lan- 
guages, manual  training,  manufacture,  the  sciences,  and  other  necessary 
studies  as  subjects  in  the  industrial  courses.  (92.) 
History.  L.  1907-8,  p.  19. 


Who?  Jasper  Sipes  Co.   SCHOOL  SUPPLIES 

Where?       O£/O.  City  WRITE  FOR  PRICES 

What?      The  Best   School  and  church  Furniture 


—66— 


ARTICLE  XIII. 
Books  and  Supplies. 


Section 

240.     Text  book  commissioners. 
211.     Commissioners    to    select    school 
books    and    supplies. 

242.  Bids   and   proposals — how   filed. 

243.  Same — return   of   deposits. 

244.  Books    to    be   printed   in    English 

— exchange. 

245.  Contracts    and    bonds. 

246.  Meeting     and     consideration     of 

proposals. 

247.  Quality   of   books— contracts. 

248.  Price— how    regulated. 

249.  Bidders'      sworn      statement      of 

general    price. 

250.  Attempt  to  change  books  a  mis- 

demeanor,   when. 

251.  School    authorities    not    to    pur- 

chase   unauthorized    supplies. 

252.  Same — penalty    for   sale    or    pur- 

chase. 

253.  State    may    terminate    contracts, 

when. 


Section 

254.  All   bids   may   be   rejected. 

255.  Supplies    to    be    placed    on    sale, 

where. 

25G.     Making    of    contract    to    be    pub- 
lished. 

257.  Penalty      for      charging      illegal 

prices. 

258.  Supplies  required  to  be  reported. 

259.  Commission's      selection     to     be 

used  exclusively 

260.  Same — failure    a    misdemeanor. 

261.  Rules — perpetuation    of    commis- 

sion. 

262.  Commission    may   publish    books, 

when. 

263.  Compensation    and    allowances. 

264.  Bribery. 

265.  Common   schools   defined. 

266.  Contractor     to     designate     state 

agent. 

267.  Combination    prohibited. 


Sec.  240.  Text  Book  Commission:  There  is  hereby  created  a  com- 
mission, to  be  composed  of  seven  members,  to  be  known  as  the  "Text-Book 
Commission,"  consisting  of  the  governor  and  six  other  persons  of  recog- 
nized ability,  residents  of  this  State,  a  majority  of  whom  shall  be  expe- 
rienced educators,  who  shall  be  appointed  by  the  governor  and  approved 
by  the  senate,  to  serve  for  a  term  of  five  years  and  until  their  successors 
are  appointed  and  qualified,  unless  sooner  removed.  Any  vacancy  occur- 
ring upon  the  commission  from  any  cause,  shall  be  filled  by  appointment 
by  the  governor  as  in  the  first  instance.  A  majority  of  said  commission 
shall  constitute  a  quorum  for  the  transaction  of  all  business  of  the  com- 
mission. Before  transacting  any  business  relating  to  the  duties  of  the 
commission,  they  shall  each,  in  addition  to  the  oath  prescribed  by  the 
constitution,  take  an  oath  before  some  person  authorized  to  administer 
same,  to  faithfully  discharge  all  the  duties  imposed  upon  them  as  mem- 
bers of  the  text  book  commission  and  that  they  have  no  interest,  directly 
or  indirectly,  in  any  contract  that  may  be  made  under  this  article,  and  will 
receive  no  personal  benefit  therefrom,  that  they  will  examine  all  books 
submitted  carefully  and  faithfully,  as  herein  directed  and  prescribed;  and 
said  oath  shall  be  filed  in  the  office  of  the  secretary  of  state.  The  secre- 
tary of  said  commission  shall  keep  a  correct  record  of  all  proceedings,  votes 
and  actions  of  the  commission,  which  said  records  shall  be  deposited  in 
ihe  office  of  the  secretary  of  state,  at  the  time  when  said  commission  is 
not  in  session.  All  votes  upon  any  proposition  submitted  to  the  commis- 
sion shall  be  by  yea  and  nay,  and  recorded  in  the  journal  of  the  day's  pro- 
ceedings. No  person  shall  be  appointed  to  serve  on  said  commission  who 
has  been  in  the  employ,  directly  or  indirectly,  as  traveling  salesman,  or 
otherwise,  for  any  publisher  of  school  text  books.  (7982.) 

Note. — The  State  Board  of  Education  is  ex-offlcio  the  Text-Book 
Commission.  See  sections  9-10. 

History.     L.  1907-8,  p.  680. 

Adoption  of  text-books  for  public  schools.     36  L.   R.   A.   277-n. 

Who  may  complain  of  non-compliance  with  statute  in  adopting 
or  changing  text-books  in  schools.  19  L.  R.  A.  (ns)  1003-n. 


Sec.  241.  Commission  to  Select  School  Books  and  Supplies:  The  text 
book  commission  shall  be  called  together  by  the  governor;  and  said  com- 
mission is  hereby  empowered  to  select  and  adopt  a  uniform  system  or 
series  of  school  text-books,  registers,  records,  maps,  charts,  globes,  and 
other  school  apparatus,  for  use  in  all  the  common  schools  of  Oklahoma, 
and  the  series  so  selected  shall  include  all  the  studies  taught  in  the  com- 
mon schools  of  the  State  up  to  and  including  the  twelfth  grade:  Provided, 
That  none  of  said  text-books  shall  contain  anything  of  a  partisan  or  sec- 
tarian character.  Each  bidder  presenting  books  for  adoption  shall  state 
at  what  price  the  books  are  offered,  as  basic  books,  and  as  supplementary 
books:  Provided,  further,  That  the  commission  may  adopt  supplementary 
readers,  but  such  readers  shall  not  be  used  to  the  exclusion  of  basic  read- 
ers. The  duly  constituted  authorities  in  charge  of  any  private  school, 
or  other  educational  institution,  desiring  to  use  any  of  the  books  selected 
by  said  commission  in  such  school,  shall  have  the  privilege  of  buying  said 
books  at  the  same  price  and  on  the  same  terms  at  which  they  are  furnished 
to  the  common  schools.  (7983.) 

History.  L.  1907-8,  p.  681:  Revision:  "Thirty  days  after  the  pas- 
sage and.  approval  of  this  act"  eliminated,  with  reference  to  first 
meeting,  as  obsolete. 

Sec.  242.  Bids  and  Proposals — How  Filed:  The  commission  shall  ad- 
vertise for  at  least  thirty  days,  in  such  manner  as  for  sealed  bids  on  pro- 
posals from  publishers  of  said  text  books  for  furnishing  books,  registers, 
records,  and  apparatus  to  the  common  schools  of  this  State,  as  herein- 
before provided.  The  bids  or  proposals  shall  be  for  furnishing  the  books, 
registers,  records,  and  apparatus  for  a  period  of  five  years.  Each  bid  shall 
state  specifically  and  clearly  the  retail  price  at  which  each  book,  register, 
record  and  apparatus  shall  be  furnished.  Each  bid  or  proposal  shall  be 
accompanied  with  specimen  copies  of  each  and  all  books  offered  in  said 
bid,  which  specimen  copies  of  books  shall  be  sent,  by  express  or  mail 
to  the  governor,  and  it  shall  be  required  that  each  bidder  deposit  with 
the  treasurer  of  the  State  of  Oklahoma,  such  sum  of  money  as  the  com- 
mission shall  require,  not  less  than  five  hundred  dollars  nor  more  than 
twenty-five  hundred  dollars,  according  to  the  value  of  the  books,  registers, 
records,  and  apparatus  each  bidder  may  propose  to  supply.  Such  deposit 
shall  be  forfeited  to  the  State  if  such  bidder  so  depositing  shall  fail  to 
make  and  execute  such  contract  and  bond  provided  herein  within  such 
time  as  the  commission  may  require,  which  time  shall  be  specified  in  the 
notice  advertised.  Each  bid  shall  be  accompanied  with  a  sworn  state- 
ment, showing  the  ownership  of  such  publishing  house,  with  the  interest, 
names  and  addresses  of  such  owners,  and  specially  stating  whether  or  not 
the  said  publishers  or  the  owners  of  any  interest  or  share  of  any  such 
publishing  house  is  the  owner  of  any  interest  or  share  of  any  other  pub- 
lishing house,  and  if  so.  giving  the  name  and  address  thereof  and  further 
state  in  said  affidavit  that  no  member  of  the  commission  is  in  any  manner 
interested,  directly  or  indirectly,  in  such  firm  or  corporation  submitting 
such  bid.  If  the  fact  shall  be  disclosed  that  any  member  of  the  com- 
mission is  so  interested,  it  shall  work  a  disqualification  of  such  member 
of  the  commission,  and  he  shall  not  be  permitted  to  serve  on  such  com- 
mission; or  if  it  should  further  appear  or  be  disclosed  that  a  member  of 
the  commission  is  interested  in  any  book  or  series  of  books  as  the  author 
or  associate  author,  or  that  any  member  of  the  commission  is  interested 
in  any  such  book  or  series  of  books  in  any  manner,  such  fact  shall  likewise 
work  a  disqualification  of  such  member  and  he  shall  not  be  permitted  to 
serve  on  the  commission.  Each  member  of  the  commission,  after  a  called 
session  of  the  commission,  at  which  any  books  are  adopted,  shall  make 
out  and  file  with  the  secretary  of  state  an  affidavit  that  he  is  not,  and  has 

— 68— 


not  been,  directly  or  indirectly,  interested  in  or  related  to  any  publishing 
house,  person,  firm  or  corporation  submitting  any  book,  register,  record, 
manuscript,  or  school  apparatus  for  adoption,  or  in  any  book,  register, 
record,  manuscript,  or  school  apparatus  offered  for  adoption,  nor  is  he 
related  to  any  person  or  agents  representing  such  house,  person,  or  firm 
or  corporation,  and  that  he  will  not  accept  any  position  as  agent  or  repre- 
sentative of  any  person,  firm,  or  corporation  to  whom  any  contract  may 
be  awarded  by  said  commission  during  the  term  and  duration  of  said  con- 
tract, and  that  he  is  not  related  to  any  person,  or  agents,  representing 
such  house,  firm  or  corporation.  Any  contract  entered  into  under  the  pro- 
visions of  this  article  with  any  publishers  who  may  hereafter  become  a 
party  to  any  combination  or  trus.t  for  the  purpose  of  raising  the  price  of 
school  text  books,  registers,  records  or  school  apparatus  used  in  this  State, 
shall  at  the  wish  of  the  commission  become  null  and  void.  (7984.) 
History.  L.  1907-8,  p.  682. 

Sec.  243.  Same — Return  of  Deposits:  All  bids  shall  be  sealed  and 
deposited  with  the  chairman  of  the  commission,  to  be  by  him  delivered  to 
the  commission  in  executive  session  for  the  purpose  of  considering  the 
same.  When  any  person,  firm  or  corporation  has  been  awarded  a  contract 
and  the  contract  and  bond  required  has  been  filed  with  the  commission, 
it  shall  make  an  order  on  the  treasurer  of  the  State,  reciting  such  fact, 
and  thereupon  the  treasurer  shall  return  the  deposit  of  such  bidder;  but 
it'  any  successful  bidder  shall  fail  to  make  the  contract  and  bond  as  here- 
tofore provided,  the  treasurer  shall  place  the  deposit  of  such  bidder  in 
the  state  treasury  to  the  credit  of  the  available  school  fund,  and  the  com- 
mission shall  re-advertise  for  other  bids  to  supply  such  books  or  school 
apparatus  which  said  bidders  may  have  failed  to  supply.  All  unsuccessful 
bidders  shall  have  their  deposits  returned  to  them  as  soon  as  the  com- 
mission has  decided  not  to  accept  their  bids.  (7985.) 

History.     L.    1907-8,    p.    683.     Revision:     Original    section    cut   in    two, 
for  more   logical   division   of  matter. 

Sec.  244.  Books  to  be  Printed  in  English — Exchange:  All  books  adopt- 
ed by  the  commission  shall  be  printed  in  English,  except  such  text  books 
as  may  be  adopted  for  the  teaching  of  any  foreign  language.  The  com- 
mission shall  stipulate  in  the  contract  that  where  a  change  shall  have  been 
made  from  the  books  now  in  use  in  this  State,  the  contractor  or  contrac- 
tors shall  take  in  exchange  the  respective  books  and  receive  in  exchange 
for  new  books  at  a  price  not  less  than  fifty  per  cent  of  the  contract  price. 
Such  exchange  period  shall  not  continue  longer  than  one  year  from  the 
date  of  contract.  (7985.) 

History.     L.    1907-8,    p.    683.  .Revision:     Originally   part   of   preceding 
section. 

Note. — Last    sentence    of    this    section    prohibits    exchange    of    books 
after   the   first   year   of   the   contract. 

Sec.  245.  Contract  and  Bonds:  The  bidder  or  bidders  to  whom  any 
contract  may  have  been  awarded  shall  make  and  execute  a  good  and  suffi- 
cient bond  payable  to  the  State  of  Oklahoma  in  the  sum  of  not  less  than 
ten  thousand  dollars,  to  be  approved  by  the  governor,  such  bond  to  be 
conditioned  that  the  contractor  or  contractors  shall  faithfully  perform  all 
conditions  of  the  contract.  The  contract  and  bond  shall  be  prepared  by 
the  attorney  general  and  shall  be  made  to  conform  with  all  the  require- 
ments of  this  article,  and  shall  be  payable  in  the  county  where  the  seat  of 
government  of  this  State  is  located,  and  shall  be  deposited  in  the  office  of 
the  secretary  of  state.  The  bond  shall  not  be  exhausted  by  a  single  recov- 
ery thereon,  but  may  be  sued  upon  from  time  to  time  until  the  full  amount 


thereof  is  recovered,  and  the  commission  may,  after  twenty  days'  notice, 
lequire  a  new  bond  to  be  given,  and  in  the  event  the  contractor  or  con- 
tractors shall  fail  to  furnish  such  new  bond,  the  contract  of  the  contractor 
or  contractors  may,  at  the  option  of  the  commission,  be  forfeited.  (7986.) 

History.     L.  1907-8,  p.   684. 

Sec.  246.  Meeting  and  Consideration  of  Proposals:  It  shall  be  the  duty 
of  the  commission  to  meet  at  the  time  and  the  place  mentioned  in  the 
notice  and  advertisement,  and  it  shall  adopt  such  rules  and  regulations  as 
may  be  necessary  to  the  transaction  of  its  business,  not  contrary  to  the 
provisions  of  this  article,  and  shall  then  and  there  open  and  examine 
the  sealed  proposals  received,  and  it  shall  be  the  duty  of  the  commission 
to  make  a  full  and  complete  investigation  of  all  books,  registers,  records 
and  school  apparatus  and  bids  accompanying  the  same.  Each  person,  com- 
pany, or  corporation  submitting  bids  or  proposals  shall  be  permitted  to 
file  a  written  statement  as  to  the  merits  of  any  book  or  books,  register, 
record  or  school  apparatus  offered  by  such  bidder,  or  they  may  be  per- 
mitted to  appear  in  person,  or  by  a  duly  authorized  agent,  before  said 
commission;  and  the  party  so  appearing  or  representing  the  claims  of  any 
bidder  shall  deposit  with  the  commission  his  proper  credentials  or  authority 
to  represent  such  bidder.  Every  person  who  appears  before  the  commis- 
sion in  advocacy  of  the  adoption  or  rejection  of  any  books,  register,  rec- 
ord, manuscript,  or  any  school  apparatus  shall  file  an  affidavit  showing 
fully  in  what  capacity  he  appears  and  whether  he  is  representing,  as  agent 
or  otherwise,  any  bidder  or  whether  he  has  received  or  has  a  contract  to 
receive  pay  for  his  services  in  appearing  before  said  commission:  Pro- 
vided, That  no  State  official  of  this  State  shall  be  allowed  to  appear  as  the 
agent  or  representative  of  any  text  book  company,  firm  or  corporation. 
(7987.) 

History.     L.   1907-8,  p.   684. 

Sec.  247.  Quality  of  Books — Contracts:  The  literary  merits  and  his- 
torical accuracy  of  all  books  shall  be  the  main  point  to  be  considered  in 
their  adoption,  and  the  books  shall  be  selected  after  a  careful  examination 
and  consideration  of  all  the  books  presented;  and  books  selected  shall 
be  those  which,  in  the  opinion  of  the  commission,  are  most  acceptable  for 
use  in  the  various  schools  of  the  State,  quality,  mechanical  construction, 
paper,  print,  price,  authorship,  and  any  other  relevant  matter  being  given 
such  weight  in  making  its  decision  as  the  commission  may  deem  advisable: 
Provided,  That  books  by  Oklahoma  authors  shall  have  preference,  merit 
and  price  being  equal.  The  commission  shall  proceed  without  delay  to 
adopt,  for  use  in  the  common  schools  of  this  State,  text  books  in  the  schools 
hereinbefore  mentioned,  and  shall  notify  publishers  to  whom  contracts 
are  awarded.  Each  contract  shall  be  duly  signed  by  the  publishing  house 
or  its  authorized  officers  or  agents,  and  if  it  is  found  to  be  in  accordance 
with  the  award  and  all  of  the  provisions  of  this  article,  and  if  the  bond 
herein  required  is  presented  and  duly  approved,  the  commission  shall  ap- 
prove said  contract  and  order  it  to  be  signed  on  behalf  of  the  State  by  the 
governor.  All  contracts  shall  be  made  in  duplicate  and  one  copy  shall 
remain  in  the  custody  of  the  secretary  of  state  and  be  copied  in  full  in 
the  minutes  of  the  meeting  of  the  commission  in  a  well-bound  book,  and 
the  other  copy  shall  be  delivered  to  the  publisher  or  his  agent.  All  the 
books,  registers  and  records  furnished  under  such  contract  shall  be  equal 
in  all  respects  to  the  specimen  or  sample  copies  furnished  with  the  bids; 
and  it  shall  be  the  duty  of  the  state  superintendent  of  public  instruction 
to  preserve  in  his  office,  as  the  standard  of  quality  and  excellence  to  be 
maintained  in  such  books,  registers  and  records,  during  the  continuance 

—70— 


of  such  contract,  the  specimen  or  sample  copies  of  all  books,  registers  and 
records  which  have  been  the  basis  of  any  contract,  together  with  the 
original  bid  and  proposal.  The  contract  and  exchange  price  of  each  book 
shall  be  plainly  printed  on  the  back  of  each  book,  together  with  the  follow- 
ing notice:  "The  price  marked  hereon  is  fixed  by  the  State,  and  any 
deviation  therefrom  should  be  reported  to  the  state  superintendent  of  pub- 
lic instruction."  (7988.) 

History.     L.    1907-8,    p.    685. 

Sec.  248.  Price — How  Regulated:  The  commission  shall  not,  in  any 
case,  contract  with  any  publisher  of  any  book  or  books,  registers  and  rec- 
ords, of  any  person,  firm  or  corporation  submitting  bids  for  furnishing 
charts,  maps,  globes  or  other  school  apparatus  to  be  used  in  the  common 
schools  of  this  State,  at  a  price  in  excess  of  the  lowest  price  at  which 
such  publisher  or  bidders  furnishes  and  distributes  the  same  book  or  books, 
registers,  records  or  school  apparatus  under  contract  with  any  other  state, 
county  or  school  district  in  the  United  States,  under  like  conditions  of 
distribution.  (7989.) 

History.     L.    1907-8,   p.    686. 

Sec.  249.  Bidders'  Sworn  Statement  of  General  Price:  The  publishers 
or  bidders  shall  file  with  each  proposal  a  sworn  statement  of  the  lowest 
price  at  which  each  book,  chart,  map,  globe,  or  other  apparatus  offered 
to  be  sold  anywhere  in  the  United  States,  under  like  conditions  of  dis- 
tribution. Said  publishers  or  bidders  must  further  agree  to  reduce  the 
price  of  any  book  or  appartus  adopted  by  the  commission,  if  reductions 
are  made  below  such  contract  price  anywhere  in  the  United  States,  so 
that  at  no  time  may  any  book  or  'apparatus  be  sold  in  Oklahoma  at  a 
higher  price  than  is  received  for  the  same  book,  register,  record,  or  ap- 
paratus elsewhere  in  the  United  States  where  like  conditions  of  distribu- 
tion prevail.  (7990.) 

History.     L.    1907-8,    p.    686. 

Sec.  250.  Attempt  to  Change  Books  a  Misdemeanor,  When:  Any  pub- 
lisher, person,  firm  or  corporation  submitting  bids,  or  any  agent  of  such 
publisher,  person,  firm  or  corporation,  who  shall  connive  at  or.  seek  to  pro- 
cure a  change  of  the  series  of  text  books,  registers,  records  or  any  school 
apparatus  by  the  commission  before  the  expiration  of  the  period  in  which  a 
uniform  system  of  text  books  is  established  in  this  State,  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less  than  twenty-five 
dollars  and  not  more  than  one  hundred  dollars  for  such  offense.  (7991.) 
History.  L.  1907-8,  p.  686. 

Sec.  251.  School  Authorities  Not  to  Purchase  Unauthorized  Supplies: 
It  shall  be  unlawful  for  any  teacher,  trustee  or  school  board  of  any  common 
school  in  this  State  to  purchase  or  contract  for  any  chart,  map,  globe  or 
other  school  apparatus,  unless  the  same  shall  have  been  submitted  to  the 
text  book  commission  of  this  State  at  a  regular  or  special  session  and  by 
them  approved  and  the  maximum  price  thereof  fixed  by  said  commission. 
(7992.) 

History.     L.   1907-8,  p.   687. 

Sec.  252.  Same — Penalty  for  Sale  or  Purchase:  Any  person  who  shall 
sell  to  any  teacher,  trustee  or  school  board  of  any  common  school  of  this 
State,  any  chart,  map,  globe  or  other  school  apparatus,  which  have  not 
been  approved  by  the  text  book  commission  of  this  State,  and  any  person 
who  shall  request  or  endeavor  to  persuade  any  such  teacher,  trustee  or 
school  board,  or  any  member  thereof,  to  purchase  any  chart,  map,  globe 

—71— 


or  other  school  apparatus,  the  sale  of  which  is  hereby  prohibited,  shall  be 
deemed  guilty  of  a  misdemeanor  and  liable  to  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars.     (7993.) 
History.     L.   1907-8,   p.   687. 

Sec.  253.  State  May  Terminate  Contracts,  When:  It  shall  be  a  part  of 
the  terms  and  conditions  of  every  contract  made  in  pursuance  of  this 
article  that  the  State  of  Oklahoma  shall  not  be  liable  to  any  contractor 
thereunder  for  any  sum  whatever,  but  all  such  contracts  shall  receive  com- 
pensation solely  and  exclusively  from  the  proceeds  of  the  sales  of  school 
books  as  provided  herein;  and  it  is  hereby  provided  that  the  State  shall 
have  the  right  to  terminate  said  contract  whenever  the  law  is  repealed  or 
amended,  altered  or  qualified  as  to  make  necessary  or  expedient  that  such 
contract  should  be  revoked,  or  as  to  such  book  or  books,  registers  and 
records  as  may  be  published  by  or  at  the  cost  of  the  State;  Provided,  that 
the  commission  shall  have  the  power  by  a  majority  vote,  to  discontinue 
the  use  of  unsatisfactory  books,  registers  and  records  at  the  end  of  any 
school  year  during  the  continuance  of  this  contract,  and  to  make  another 
adoption,  and  all  contracts  shall  contain  a  stipulation  to  that  effect.  The 
State  may,  at  its  election,  cancel  any  contract  entered  into  by  virtue  of  the 
provisions  of  this  article  for  fraud  or  collusion  upon  the  part  of  either  party 
to  the  contract  or  any  member  of  the ,  commission,  or  any  person,  firm, 
corporation  or  their  agents  making  said  bond  or  contract;  and  for  the 
cancellation  of  any  such  contract,  the  attorney  general  is  hereby  authorized 
to  bring  suit  in  any  'court  of  competent  jurisdiction  in  the  State,  and  in 
case  of  the  cancellation  of  any  contract  as  provided  herein,  the  damages 
are  fixed  at  not  less  than  the  amount  of  said  bond  to  be  recovered  as 
liquidated  damages  in  the  same  suit  cancelling  such  said  contract.  And 
on  account  of  the  difficulty  in  determining  the  damage  that  might  accrue 
by  reason  of  such  fraud  and  cancellation  of  such  contract,  the  full  amount 
of  the  bond  given  by  any  contractor  shall  be  considered  as  liquidated 
damages  to  be  recovered  out  cf  said  bond  by  the  State  at  the  suit  of 
the  attorney  general,  and  every  contract  shall  contain  a  clause  to  this 
effect.  (7994.) 

History.     L.   1907-8,   p.   687. 

Sec.  254.  All  Bids  May  Be  Rejected:  The  text  book  commission  shall 
have  and  reserve  the  right  to  reject  any  and  all  bids  or  proposals,  if 
said  commission  be  of  the  opinon  that  any  or  all  bids  should,  tor  any 
reason,  be  rejected;  and  in  case  they  fail,  from  among  the  bids  or  pro- 
posals submitted,  to  select  any  book  or  books,  registers,  records  and 
apparatus  upon  any  of  the  branches  of  study  provided  for  herein,  they 
may  advertise  for  sealed  bids  or  proposals  under  the  same  terms  and  con- 
ditions as  before,  and  proceed  in  their  investigation  in  all  respects  as 
they  did  in  the  first  instance  and  as  required  by  the  terms  and  provisions 
of  this  article.  (7995.) 

History.     L.   1907-8,   p.   688. 

Sec.  255.  Supplies  to  Be  Placed  on  Sale,  Where:  The  party  or  parties 
with  whom  the  contract  shall  be  made  shall  place  their  books,  registers, 
records  and  school  apparatus  on  sale  at  as  many  places  in  each  county 
of  the  State  as  the  commission  may  direct  for  the  distribution  of  the 
books  to  the  patrons,  and  the  contractor  shall  be  permitted  to  make  ar- 
rangements with  merchants  or  other  persons  for  the  handling  and  dis- 
tribution of  the  books.  All  books  shall  be  sold  to  the  consumer  at  the 
retail  price  fixed  by  the  commission.  Upon  the  failure  of  any  contractor, 
under  the  provisions  of  this  article,  to  furnish  the  books,  registers,  records 
cr  apparatus  as  provided  in  this  contract,  the  county  superintendent  of 


public  instruction  of  such  county  shall  immediately  report  the  fact  to  the 
attorney  general,  and  he  shall  bring  suit  on  account  of  such  failure,  in 
the  name  of  the  State  of  Oklahoma,  in  any  court  of  competent  jurisdiction 
in  the  State,  and  shall  recover  on  the  bond  given  by  such  contractor  for  the 
full  value  of  the  books,  registers,  records  and  apparatus  not  furnished 
as  required,  and  in  addition  thereto  the  sum  of  one  hundred  dollars,  and 
the  amount  so  recovered  shall  be  placed  to  the  credit  of  the  available 
school  fund  of  the  State.  (7996.) 
History.  L.  1907-8,  p.  688. 

Sec.  256.  Making  of  Contract  to  Be  Published:  As  soon  as  the  State 
shall  have  entered  into  the  contract  for  furnishing  the  books  and  ap- 
paratus for  use  in  the  common  schools  of  this  State,  under  the  pro- 
visions of  this  article,  it  shall  be  the  duty  of  the  governor  to  issue  his 
proclamation  of  such  fact  to  the  people  of  the  State,  and  immediately 
thereafter  the  state  superintendent  of  public  instruction  shall  address  a 
circular  letter  to  the  county  superintendents,  trustees  and  school  boards 
of  the  various  schools  of  the  State,  which  circular  letter  shall  contain 
y  list  of  the  books,  registers,  records  and  apparatus  adopted,  with  their 
respective  prices,  together  with  such  other  information  as  he  may  deem 
advisable.  (7997.) 

History.     L.   1907-8,  p.   689. 

Sec.  257.  Penalty  for  Charging  Illegal  Prices:  If  any  local  agent, 
dealer,  clerk  or  other  person  handling  or  selling  the  books,  registers, 
records,  maps,  charts,  globes  or  other  apparatus  adopted  under  this  article, 
whall  demand  or  receive  for  a  copy  of  any  of  the  books,  registers,  records, 
or  for  any  chart,  map,  globe  or  other  apparatus  adopted  under  this  article, 
more  than  contract  price,  he  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall,  for  each  offense,  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars.  (7998.) 
History.  L.  1907-8,  p.  689. 

Sec.  258.  Supplies  Required  to  Be  Reported:  The  trustees  and  school 
boards  of  the  various  schools  of  the  State  using  books,  registers,  records 
and  apparatus  adopted  by  the  commission  shall  hold  annual  meetings 
and  make  an  estimate  of  the  number  of  school  text  books,  registers, 
records  and  apparatus  needed  in  said  school  for  the  term  next  commencing 
therein,  and  a  report  thereof  shall  be  made  to  said  county  superintendent 
of  public  instruction  in  said  county  immediately,  and  not  later  than  the 
first  day  of  August  next  thereafter;  and  the  county  superintendent  shall, 
as  soon  as  possible,  and  not  later  than  the  tenth  day  of  August  of  each 
year,  and  oftener,  if  the  necessity  of  a  school  requires  it,  make  out  his 
requisition  from  the  report  so  received,  and  from  any  other  source,  and 
send  it  to  the  state  superintendent,  when  such  books  are  printed  by  the 
State  or  the  school  book  publisher  or  publishers  having  contracts  under  the 
provisions  of  this  article,  stating  therein  the  number  of  books,  registers,  rec- 
ords and  apparatus  of  each  kind  needed  for  the  schools  of  his  county.  (7999.) 
History.  L.  1907-8,  p.  689. 

Sec.  259.  Commission's  Selection  to  Be  Used  Exclusively:  The  books 
ynd  apparatus  adopted  by  the  commisison  under  the  provisions  of  this 
article,  shall  be  introduced  and  used  as  text  books,  registers,  records  and 
apparatus  to  the  exclusion  of  all  others  in  the  common  schools  of  this 
State  as  hereinbefore  provided,  but  nothing  herein  shall  be  construed  to 
prevent  or  prohibit  the  patrons  of  the  common  schools  in  the  State 
from  procuring  books,  registers,  records  and  apparatus  in  the  usual  way 
in  the  event  that  the  State  does  not  publish  such  books,  register,  records 

—73— 


or  manufacture  such  apparatus,  in  the  event  that  no  contracts  are  made, 
or  in  the  event  that  the  contractor  or  contractors  fail  or  refuse  to  furnish 
the  books,  registers,  records  or  apparatus  provided  for  in  this  article,  at 
the  time  that  said  books  or  apparatus  are  required  for  use  in  the  schools. 
(8000.) 

History.     L.    1907-8,   p.    690. 

Sec.  260.  Same — Failure  a  Misdemeanor:  Any  school  trustee  who 
shall  prevent  or  aid  in  preventing  the  use  in  any  common  school  in  this 
State  of  the  books,  registers,  records  and  apparatus,  or  any  of  them,  as 
adopted  under  the  provisions  of  this  article,  or  any  teacher  in  this  State, 
who  shall  wilfully  fail  or  refuse  to  use  the  books,  registers,  records  and 
apparatus  adopted  under  the  provisions  of  this  article,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  any  sum  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each  offense,  and  each 
day  of  such  willful  failure  or  refusal  of  said  teachers  or  willful  prevention 
of  the  use  of  the  books,  registers,  records  or  apparatus  by  said  school 
trustee,  shall  constitute  a  separate  offense.  (8001.) 
History.  L.  1907-8,  p.  690. 
Course  of  study  not  compulsory.  Singing  not  obligatory.  School 

Board,   etc.   et   al.   v.    Thompson   et  al.,   24   Ok.    1,    103   P.    578;    19   Ann. 

Cas.   1188,   138  Am.    St.   861. 

Sec.  261.  Rules — Perpetuation  of  Commission:  The  commission  may, 
from  time  to  time,  make  any  necessary  regulations,  not  contrary  to  the 
provisions  of  this  article,  to  secure  the  prompt  distribution  of  the  books, 
registers,  records  and  apparatus  herein  provided  for,  and  for  the  prompt 
and  faithful  execution  of  all  contracts;  and  it  is  now  expressly  provided 
that  said  commission  shall  maintain  its  organization  during  the  continu- 
ance of  the  contracts  entered  into  during  the  year  nineteen  hundred  and 
eight,  and  that  after  the  expiration  of  same,  the  commission  shall  be  re- 
organized for  a  period  of  five  years  as  in  the  first  instance,  and  enter 
into  such  other  contracts  in  pursuance  of  this  article  as  it  may  deem  for 
the  best  interests  of  the  patrons  of  the  common  schools  of  the  State; 
Provided,  that  said  commission  shall  be  discontinued  at  such  time  when 
the  efficiency  for  the  publication  of  such  books,  registers  and  records  pro- 
vided for  in  this  article  by  the  State,  makes  the  continuance  of  said  com- 
mission unnecessary.  (8002.) 

History.     L.    1907-8,    p.    690.     Revision:     Language   improved. 

Sec.  262.  Commission  May  Publish  Books,  When:  If,  when  the  pro- 
posals to  furnish  text  books  are  submitted  to  the  text  book  commission, 
it  shall  appear  that  publishers  have  combined  upon  prices  and  that  the 
proposals  are  unreasonable,  said  commission  is  hereby  empowered,  with 
the  approval  of  the  state  board  of  education,  to  do  any  and  all  acts  that 
may  be  necessary  for  the  purpose  of  procuring  a  meritorious  uniform  sys- 
tem of  text  books,  registers  and  records  for  use  in  the  common  schools  of 
Oklahoma.  It  may,  with  the  approval  of  the  state  board  of  education, 
offer  prizes  for  manuscripts  of  books  or  employ  suitable  persons  to  pre- 
pare or  compile  the  same,  and  contract  with  printing  concerns  for  publi- 
cation, purchase  or  hire  plates,  maps  and  engravings  of  copyright  matter; 
contract  for  or  lease  copyrights  for  the  purpose  of  being  used  in  com- 
piling and  printing  such  books,  and  provide  for  the  payment  of  royalties 
or  for  the  leasing  of  plates  for  printing  of  the  whole  or  any  part  of  said 
books:  Provided,  that  the  entire  cost  of  any  book  so  furnished  shall 
not  exceed  the  price  of  any  standard  book  of  like  character  which  was  pro- 
posed to  be  furnished  by  publishers.  (8003.) 
History.  L.  1907-8,  p^  691. 

—74— 


Sec.  263.  Compensation  and  Allowances:  An  itemized  statement  of 
all  necessary  expenses  of  the  commission,  together  with  a  sworn  itemized 
statement  of  the  necessary  expenses  of  the  individual  members  of  the 
commission,  shall  be  filed  with  the  secretary  of  state,  and  the  members 
thereof  shall  be  allowed  to  receive  as  their  only  compensation  for  their 
services,  the  sum  of  six  dollars  per  day  while  on  duty,  and  their  actual 
traveling  expenses  going  to  and  returning  from  the  place  of  meeting,  to  be 
paid  by  the  state  treasurer,  under  the  direction  and  approval  of  the 
governor;  Provided,  that  no  per  diem  shall  be  allowed  to  any  member  of 
the  commission  who  shall,  at  the  time  of  service  thereof,  be  receiving  a 
stated  salary  from  the  State;  Provided,  further,  that  the  members  of  said 
commission  shall  not  draw  pay  for  more  than  ten  days  for  any  year. 
(8004.) 

History.     L.    1907-8,    p.    691.     Revision:     Limit    on    compensation    for 
1908  stricken  as  obsolete. 

Note. — -Partly  or  entirely  repealed  by  section  9. 

Sec.  264.  Bribery:  It  shall  be  unlawful  for  any  member  of  the  text 
book  commission  to  accept  as  a  gift,  or  at  a  reduced  price,  any  books, 
registers,  records  or  school  apparatus  or  anything  of  value  from  any 
person,  firm  or  corporation  interested,  directly  or  indirectly,  in  any  bid 
filed  with  said  commission  or  in  the  adoption  of  any  book,  register,  record 
or  apparatus  by  said  commission,  and  any  person  violating  this  section 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars,  and  by  imprisonment  in  the  county  jail 
not  less  than  thirty  days.  (8005.) 
History.  L.  1907-8,  p.  692. 

Sec.    265.      Common    Schools    Defined:      The    words    "common    schools" 
as  used  in  this  article  shall  be  construed  to  mean  all  the  schools  of  this 
State  receiving  aid  from  the  State  out  of  the  common  school  fund.     (8006.) 
History.     L.  1907-8,  p.  692. 

Sec.  266.  Contractor  to  Designate  State  Agent:  Any  non-resident  per- 
son or  firm  or  foreign  corporation  with  whom  a  contract  has  been  entered 
into  under  the  provisions  of  this  article,  shall  designate  the  secretary  of 
state  of  Oklahoma  as  its  or  their  agent  on  whom  citation  and  other  writs 
and  process  may  be  served,  in  the  event  that  any  suit  shall  be  brought 
against  such  person,  firm  or  corporation.  (8007.) 
History.  L.  1907-8,  p.  692. 

Sec.  267.  Combination  Prohibited:  If  any  individual,  firm,  partner- 
ship, corporation,  or  any  association  of  persons  whatever  of  any  nature 
or  character  shall  create,  enter  into  or  become  a  member  of  any  pool, 
trust,  agreement,  consideration,  combination  or  understanding,  permanent 
or  temporary,  with  any  other  individual,  firm,  partnership,  corporation,  or 
association  of  persons  whatsoever  or  any  character  or  nature  whatsoever 
to  regulate  or  fix  the  price  of  or  prevent  or  restrict  competition  in  the 
sale  or  offering  for  sale  or  in  any  of  the  branches  of  the  business  of  sell- 
ing and  furnishing  any  school  books,  desks,  seats,  charts,  school  furniture, 
fixtures,  apparatus,  or  supplies,  he  or  they  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  three  hundred  dollars  and  not  more  than  one  thousand  dollars. 
(8008.) 

History.     L.   1905,  p.  374. 


—75— 


ARTICLE   XIV. 
Child    Labor   Law. 

Section  Section 

Section  271.     Attendance   certificate. 

268.  School    certificate.  272.     Violations   penalized. 

269.  Approval   of   certificate.  273.     Repeal. 

270.  Evidence   required.  274.     What   unlawful— duty   of   parent. 

Sec.  268.  School  Certificate:  Before  any  child  under  the  age  of 
sixteen  years  shall  be  employed  in  any  occupation  specified  in  section  one 
of  this  act,  it  shall  be  the  duty  of  the  parent  or  guardian  of  such  child 
to  procure  and  furnish  the  employer  of  such  child  an  age  and  schooling 
certificate  as  hereinafter  provided  by  this  article. 

It  shall  be  the  duty  of  every  person,  firm  or  corporation  of  such  estab- 
lishments as  are  specified  in  section  one  of  this  act,  or  employers  in 
such  occupations  to  keep  on  file  for  the  inspection  of  factory  inspectors, 
truant  officers,  or  other  persons  charged  with  the  administration  of  this 
act,  such  age  and  schooling-  certificate,  for  every  child  under  sixteen 
years  of  age  employed  in  such  occupation,  and  to  keep  on  file  and  to  post 
conspicuously  in  every  room  where  such  children  are  employed  a  register, 
vith  a  complete  list  of  children  under  sixteen  years  of  age  so  employed, 
together  with  the  age  of  each  child  as  set  forth  in  the  age  and  schooling 
certificate  opposite  the  name  of  such  child,  and  also  to  keep  on  file  and  to 
post  conspicuously  in  such  place  or  establishment,  in  such  form  as  the 
factory  inspector  may  prescribe,  the  time  of  opening  and  closing  such  fac- 
tory or  other  establishment  the  number  of  hours  of  labor  required  or  per- 
mitted in  such  establishment,  the  hours  of  commencing  and  stopping 
work,  and  the  time  allowed  for  mealr,  and  if  there  be  two  or  more  shrfts  in 
such  establishment  the  number^  of  hours  in  each  shift  during  which  the 
employes  are  required  or  permitted  to  work.  On  termination  of  the  em- 
ployment of  a  child  so  registered,  and  whose  certificate  is  so  filed,  such 
certificate  shall  be  forthwith  surrendered  by  the  employer  to  the  child 
or  its  parent  or  guardian  or  custodian.  The  inspector  of  factories,  truant 
officer  or  other  person  charged  with  the  administration  of  this  article,  may 
make  demand  on  an  employer  in  whose  factory  or  establishment  a  child 
apparently  under  the  age  of  sixteen  years  is  employed  or  permitted  or 
suffered  to  work,  and  whose  employment  certificate  is  not  then  filed  as 
required  by  this  section,  that  such  employer  shall  either  furnish  him, 
within  ten  days,  evidence  satisfactory  to  him  that  such  child  is  in  fact  over 
sixteen  years  of  age,  or  shall  cease  to  employ  or  permit  or  suffer  such 
child  to  work  in  such  factory  or  establishment.  Such  officer  may  require 
from  such  employer  the  same  evidence  of  age  of  such  child  as  is  required 
on  the  issuance  of  an  employment  certificate;  and  the  employer  furnishing 
such  evidence  shall  not  be  required  to  furnish  any  further  evidence  of  the 
age  of  the  child.  In  case  such  employer  shall  fail  to  produce  and  deliver 
to  such  officer,  within  ten  days  after  such  demand,  such  evidence  of  age 
herein  required  by  him,  and  shall  thereafter  continue  to  employ  such 
child  to  work  in  such  factory  or  establishment,  proof  of  the  giving  such 
notice  and  of  such  failure  to  produce  and  file  such  evidence  shall  be  prima 
facie  evidence  in  any  prosecution  brought  for  a  violation  of  this  pro- 
vision of  this  article  that  such  child  is  under  sixteen  years  of  age  and  is 
unlawfully  employed.  (L.  1909,  S.  B.  11,  pp.  631-2.) 

Sec.  269.  Approval  of  Certificate:  The  age  and  schooling  certificate 
shall  be  approved  only  by  the  county  superintendent  of  public  instruc- 

—76— 


tion,  or  other  school  official  designated  by  him,  who  shall,  for  the  purpose 
of  this  article,  be  empowered  to  administer  an  oath.    (L.  1909,   S.  B.  11, 

p.  632.) 

Sec.  270.  Evidence  Required:  The  age  and  schooling  certificate  shall 
not  be  approved  unless  satisfactory  evidence  is  furnished  by  the  last 
school  census,  or  certificate  of  birth,  or  the  register  of  the  city  or  county, 
or  an  affidavit  of  the  date  of  such  birth  by  a  legally  registered  physician 
residing  therein,  stating  the  time  of  birth  of  such  child,  or  the  school 
record  of  such  child,  in  the  public  or  other  school,  setting  forth  the  age 
}Df  such  child;  Provided,  that,  in  cases  where  such  evidence  cannot  be 
obtained  and  the  child  appears  to  be  in  good  health,  and  of  normal  size, 
of  not  less  than  sixty  inches  in  height  and  weighing  not  less  than  eighty 
pounds,  the  parent  or  guardian  of  such  child  may  make  affidavit  stating 
the  age,  place  and  time  of  birth  of  such  child,  or  if  the  child  shall  have  no 
parent  or  guardian,  such  affidavit  may  be  made  by  the  child.  The  affidavits 
required  by  this  section  must  be  taken  before  the  officer  issuing  the  em- 
ployment certificate,  who  is  hereby  authorized  and  required  to  administer 
such  oath,  and  who  shall  not  demand  or  receive  a  fee  therefor.  The  em- 
ployment certificate  shall  not  be  issued  until  such  child  has  further  per- 
sonally appeared  before  the  officer  issuing  the  same  and  he  is  satisfied 
that  such  child  is  physically  able  to  perform  the  work  which  it  intends 
10  do.  In  doubtful  cases,  such  physical  fitness  shall  be  determined  by  a 
medical  officer  of  the  board  or  department  of  health.  Every  employment 
certificate  shall  be  signed,  in  the  presence  of  the  officer  issuing  "the  same, 
by  the  child  in  whose  name  it  is  issued.  (L.  1909,  S.  B.  11,  pp.  632-3.) 

Sec.  271.  Attendance  Certificate:  The  age  and  schooling  certificate 
shall  not  be  approved  until  the  parent  or  guardian  of  such  child  shall 
present  a  school  attendance  certificate  as  hereinafter  prescribed  by  this 
article.  A  duplicate  of  such  age  and  schooling  certificate  shall  be  filled 
out  and  sent  by  the  school  officer,  before  whom  the  same  is  made,  to  the 
commissioner  of  labor.  The  blank  forms  for  school  attendance  certificate 
nnd  for  the  age  and  schooling  certificate  shall  be  supplied  to  the  county 
superintendents  of  public  instruction  by  the  state  superintendent  of  public 
instruction  as  hereinafter  indicated: 

SCHOOL   ATTENDANCE    CERTIFICATE. 

(Name    of    School) 

(City    and    County) 

• (Date) 

This  certifies  that (Name  of  child)  can  read  and 

write  simple  sentences  in  the  English  language  and  that  according  to  the 

records  of  this  school  and  fn  my  belief  is  now 

(number  of  years  and  months)  old,  and  has  attended  school  during  the  full 
school  term  of  the  preceding  year. 

(Name    of    Parent    or   Guardian.) 

• (Residence) 

(Signature  •  of    Teacher) 

AGE    AND    SCHOOL    CERTIFICATE. 

This  certifies  that  I  am (father,  mother  or  guardian)  of. ... 

(name  of  child)  and  that  he  (or  she)  was  born  at 

(town   or   city) (county) (state    or   county) 

on  the  (day,  month  and  year  of  birth)  and  is  now 

(number  of  years  and  months  old.) 

(Signature   of    parent   or   guardian.) 

(Datt?) 

, (City    or    town    or    county) 

—77— 


Personally  appeared  before  me  the  above  mentioned 

(name  of  person  signing)  and  made  oath  that  the  foregoing  certificate  is 
true  to  the  best  of  his  (or  her)  knowledge  and  belief. 

I  hereby  approve  the  foregoing  certificate  of (name  of  child) 

height  (feet  and  inches)  weight  (pounds)  complex- 
ion  (fair  or  dark)  hair (color)  eyes (color) 

having  no  sufficient  reason  to  doubt  that  he  (or  she)  is  of  the  age  therein 
certified. 

OWNER  OP   CERTIFCATE. 

This    certificate   belongs    to (name    of    child)    and    is    to   be 

surrendered  to  him  (or  her)  whenever  he  (or  she)  leaves  the  service  of  the 
employer  holding  the  same,  but  if  not  claimed  by  said  child  within  thirty 
days  after  leaving  said  service,  shall  be  sent  to  the  commissioner  of  labor. 


(Signature  of  officer,  with  name  of  city,  town  or  county  and  date.) 

— (L.  1909,  S.  B.  11,  pp.  632-3.) 

Sec.  272.  (12-S.)  Violations  Penalized:  Any  person,  firm  or  corpora- 
tion violating  any  of  the  provisions  of  this  article  shall  be  punished  by  a 
tine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  imprison- 
ment for  not  less  than  ten  nor  more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment.  The  employment  of  any  child  under  sixteen  years  of 
age  without  a  certificate  as  herein  prescribed  or  the  employment  of  any 
child  under  sixteen  years  of  age  or  any  girl  or  woman  underground  in 
any  mine  or  quarry,  or  the  signing  of  any  false  statement  as  to  the  age  of 
any  child,  or  the  making  of  any  false  statement  in  an  affidavit  of  an  em- 
ployer, shall  be  prima  facie  evidence  of  guilt.  It  shall  be  the  duty  of  the 
commissioner  of  labor  to  see  that  the  provisions  of  this  article  are  en- 
forced, with  the  exception  of  section  —  shall  be  enforced  by  the  mine  in- 
spector or  under  his  direction. — L.  1909,  S.  B.  11,  p.  634.) 

Sec.  273.  Repeal:  All  laws  and  parts  of  laws  in  conflict  with  this  act, 
be  and  the  same  are  hereby  repealed. 

Approved  March  2,  1909.  (L.  1909,  S.  B.  11,  p.  634.) 


—78— 


ARTICLE  XV. 
Compulsory  Attendance. 

Section  Section 

275      Duty     of    board     of    education —  needy    children. 

report.  277.     In   case   of  widowed   mother. 

276.     Books    to    be    furnished    free    to  278.     Penalty   for   violation. 

Sec.  274.  What  Unlawful — Duty  of  Parent:  It  shall  be  unlawful  for 
any  parent  or  guardian  living  in  the  State  of  Oklahoma,  to  neglect  or  re- 
fuse to  cause  or  compel  any  person  or  persons  who  are  or  may  be  under 
their  control  as  children  or  wards  to  attend  and  comply  with  the  rules 
of  some  public,  private  or  other  school  or  schools,  unless  other  means 
of  education  are  provided  for  a  term  of  from  three  to  six  months,  unless 
other  means  of  education  are  provided  for  a  term  of  from  three  to  six 
months,  in  the  discretion  of  the  school  district  board  or  a  board  of  educa- 
tion of  cities  of  the  first  class,  the  term  to  be  fixed  by  general  order  at 
the  annual  school  meeting,  which  shall  apply  to  all  children  in  the  district, 
each  successive  year  from  the  time  said  children  or  wards  are  eight  years 
old  until  they  are  sixteen  years  old,  unless  they  are  prevented  by  mental 
or  physical  disability,  the  question  of  disability  being  determined  by  the 
board,  or  by  a  certificate  to  that  effect  from  a  duly  licensed  and  practicing 
physician,  or  by  reason  of  having  already  become  proficient  in  the  standard 
studies  from  attendance  upon  such  private,  public  or  other  school  or 
schools;  and  provided,  that  in  such  case  they  shall  be  excused  by  the 
superintendent  of  a  public,  private,  or  other  school,  or  by  the  board  of 
education  of  the  school  district  in  which  said  children  or  ward  may  live 
at  the  time  of  such  failure  to  attend  such  public,  private,  or  other  school 
or  schools.  (8220.) 

History.     L.  1907-8,  p.  393. 

Grandfather  clause,  section  applied,  Atwater  vs.  Hassett  et  al.,  27  Ok. 
292,  316,   111  P.  807. 

Note. — See  section  5. 

Sec.  275.  Duty  of  Board  of  Education — Report:  It  shall  be  the  duty 
of  the  board  of  education  of  each  school  district  to  furnish  to  the  superin- 
tendent of  all  public,  private,  or  other  schools  in  cities,  or  the  teachers  in 
other  districts,  at  the  beginning  of  the  first  term  of  each  school  year,  a 
list  containing  the  names  of  all  the  children  residing  within  the  district 
who  are  between  eight  and  sixteen  years  of  age,  and  to  require  a  report 
from  the  superintendent  of  all  public,  private,  or  other  schools  in  cities,  or 
the  teachers  in  other  districts,  not  less  than  fourteen  nor  more  than  twenty- 
bix  weeks  before  the  close  of  the  last  term  of  school  for  the  year;  whicn 
report  shall  contain  the  names  of  all  the  children  between  eight  and  six- 
teen years  of  age  who  have  attended  said  school  and  the  period  of  such 
attendance.  Immediately  upon  receipt  of  this  report,  the  board  of  educa- 
tion shall  give  written  notice  to  the  parent,  guardian,  or  custodian  of 
such  child  or  children  who  have  not  complied  with  the  provisions  of  this 
article  that  the  attendance  of  such  child  or  children  is  required  at  some 
public,  private,  or  other  school;  and  if  within  five  days  such  parent, 
guardian  or  custodian  of  such  child  or  children  does  not  comply  with  the 
provisions  of  this  article,  then  the  board  of  education  shall  make  com- 
plaint against  such  parent,  guardian  or  custodian  of  such  child,  or  chil- 
dren, before  any  justice  of  the  peace  or  other  court  having  competent 
jurisdiction,  for  t!tf§  violation  of  the  provisions  of  this  article;  provided, 
that  in  cities  or  incorporated  towns  or  villages  the  board  of  education 

—79— 


may  appoint  One  or  more  truant  officers  whose  duty  it  shall  be  to  enforce 
the  provisions  of  this  article  in  the  manner  prescribed  herein.     (8221.) 
History.     L.  1907-8,  p.  393. 

Sec.  276.  Books  to  Be  Furnished  Free  to  Needy  Children:  If  any 
parent,  guardian,  or  custodian  of  any  child,  or  children,  is  financially  un- 
able to  furnish  such  child  or  children  with  the  necessary  books  with  which 
to  attend  school,  the  county  superintendent  of  public  instruction  of  the 
county  where  such  parent  or  guardian  or  custodian  resides  shall  furnish, 
upon  the  recommendation  of  the  school  district  board,  or  the  board  of 
education  of  cities  of  the  first  class  books  for  such  purpose  to  such  child, 
or  children,  which  books  shall  be  furnished  and  paid  upon  the  certificate 
of  such  officer  by  the  board  of  county  commissioners  of  said  county. 
(8222.) 

History.     L.   1907-8,   p.   394. 

Sec.  277.  In  Case  of  Widowed  Mother:  If  any  widowed  mother  shall 
make  affidavit  to  the  effect  that  the  wages  of  her  child  or  children,  under 
sixteen  years  of  age,  are  necessary  to  the  support  of  such  widowed  mother, 
then  the  county  superintendent  of  public  instruction  may  after  careful  in- 
vestigation, in  his  discretion,  upon  the  recommendation  of  the  school  dis- 
trict board,  or  board  of  education  of  cities  of  the  first  class,  furnish  such 
child  or  children  a  certificate  called  a  "Scholarship/'  stating  the  amount 
of  wages  such  child  or  children  are  receiving,  or  so  much  of  said  wages 
as  shall  be  deemed  necessary  so  long  as  such  child  or  children  shall  at- 
tend the  public  school  in  accordance  with  the  provisions  of  this  article; 
which  aid  may  be  allowed  and  paid  upon  the  certificate  of  the  county 
superintendent  of  public  instruction  to  the  child  or  children  holding  such 
scholarship,  by  the  board  of  county  commissioners  in  the  county  in  which 
such  child  or  children  reside.  (8223.) 
History.  L.  1907-8,  p.  394. 

Sec.  278.  Penalty  for  Violation:  Any  person  or  persons  violating  the 
provisions  of  this  article  shall  be  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  for  each  and  every  offense;  said  fine 
shall  be  imposed  by  any  court  having  jurisdiction,  and  all  fines  so  col- 
lected shall  be  placed  in  the  common  school  fund  of  the  district  where  the 
child  or  children  resides,  as  other  fines  and  penalties  are  paid.  (8224.) 
History.  L.  1907-8,  p.  395. 


—80— 


ARTICLE  XVI. 
County  Normal   Institutes. 


Section 

279.  County   normals. 

280.  Time    and    place    of    holding — in- 
structors. 

281.  Expense,    how   defrayed. 

282.  Designation  of  funds. 

283.  Report      of      superintendent      to 

county   treasurer. 

284.  Normal    fund,    how    disbursed. 

285.  Payment   of   instructors. 

286.  Course  of  study — renewal  of  cer- 

tificates. 

287.  County     superintendent     as     in- 

structor. 


Section 

288.  Two  or  more   counties  may  join 

in   institute. 

289.  Teachers   to  attend  separate   in- 

stitutes. 

290.  Reports    by   county   superintend- 

ents. 

291.  Conductors    to    make    reports. 

292.  Certificate    may    be    revoked    for 

non-compliance. 

293.  Violation     by     superintendent     a 

misdemeanor. 


Sec.  279.  County  Normals:  The  county  superintendents  of  public  in- 
struction shall  hold  annually  in  their  respective  counties,  for  a  term  of  not 
less  than  two  weks  nor  more  than  four  weks,  ending  on  the  last  Friday 
of  June,  July  or  August,  a  normal  institute  for  academic  and  professional 
instruction  of  teachers  and  those  desiring  to  teach;  Provided,  that  two  or 
more  counties  may  be  united  in  holding  one  normal  institute  each  year, 
as  hereinafter  provided.  (8178.) 
History.  L.  1907-8,  p.  675. 

Sec.  280.  Time  and  Place  of  Holding — Instructors:  The  county 
superintendents  of  public  instruction  shall  determine  the  time,  length  of 
term,  and  place  of  holding  their  annual  sessions,  in  conformity  with  the 
preceding  section,  and  shall  select  and  employ  a  conductor  and  instructors 
1'or  the  same;  Provided,  that  all  such  contracts  for  conductor  and  in- 
structors shall  be  approved  by  the  state  superintendent  of  public  instruc- 
tion before  such  contracts  are  valid.  (8179.) 
History.  L.  1907-8,  p.  675. 

Sec.  281.  Expense,  How  Defrayed:  To  defray  the  expenses  of  such 
institute  sessions  the  county  superintendents  of  public  instruction  shall 
require  the  payment  of  a  uniform  fee,  of  not  less  than  one  dollar  nor  more 
than  three  dollars,  by  each  person  enrolled  in  said  institute;  they  shall 
further  require  the  payment  of  the  fee  of  two  dollars  by  each  applicant 
for  a  teacher's  certificate;  and,  in  addition  to  such  sum,  the  county  com- 
missioners shall,  upon  recommendation  of  the  county  superintendents  of 
public  instruction,  allow  a  sufficient  sum,  not  to  exceed  two  hundred  dol- 
lars for  each  institute,  to  be  paid  out  of  any  funds  of  the  county  not  other- 
wise appropriated.  (8180.) 

History.     L.  1907-8,  p.  675. 

Use  of  common  school  fund  for  normal  school  or  teachers'   training 
school.     20  L.  R.  A.    (ns)   1033-n. 

Sec.    282.      Designation    of    Funds:      The    sum    thus    created    shall   be 
designated   the   normal  institute  fund,   and  the  county  treasurer  shall  be 
the  custodian  thereof.      (8181.) 
History.     L.  1907-8,  p.  676. 

Sec.  283.  Report  of  Superintendent  to  County  Treasurer:  The  county 
superintendents  shall,  at  the  close  of  each  regular  teachers'  examination, 
and  at  the  close  of  each  teachers'  normal  institute,  transmit  to  the  county 
treasurer  all  moneys  Deceived  by  said  superintendents,  as  provided  in  the 


—81— 


second  preceding  section,  together  with  the  name  of  each  person  so  con- 
tributing, the  amount  in  each  case,  and  the  county  treasurer  shall  place 
all  moneys  to  the  credit  of  the  normal  institute  fund.     (8182.) 
History.     L.  1907-8,  p.  676. 

Sec.  284.  Normal  Fund — How  Disbursed:  All  disbursements  of  the 
normal  institute  fund  shall  be  upon  written  order  of  the  county  superin- 
tendent of  public  instruction,  and  no  order  shall  be  drawn  upon  said 
fund,  except  as  accompanied  by  a  written  and  itemized  statement  of 
services  rendered  or  expenses  incurred,  and  no  order  shall  be  drawn  in 
favor  of  the  county  superintendents  of  public  instruction  themselves. 
(8183.) 

History.     L.  1907-8,  p.  676. 

Sec.  285.  Payment  of  Instructors:  No  county  superintendent  of  pub- 
lic instruction  shall  pay  moneys  from  the  before  mentioned  fund  to  any 
conductor  or  instructor,  unless  the  said  conductor  or  instructor  shall  have 
first  received  an  institute  certificate  from  the  state  board  of  examiners; 
Provided,  that  all  certificates  issued  by  the  board  of  education  shall  be  valid 
for  the  remainder  of  the  term  for  which  issued,  when  the  same  shall  have 
been  examined  and  approved  by  the  state  superintendent  of  public  instruc- 
tion: Provided,  further,  that  no  county  superintendent  shall  employ  or  pay 
moneys  from  the  normal  institute  fund  to  any  conductor  or  instructor  who 
draws  salary  from  the  federal  or  state  government.  (8184.-) 

History.     L.  1907-8,  £•  676. 

Note. — The  assistant  or  deputy  of  the  county  superintendent  cannot 
be  employed  as  instructor  or  conductor. 

Sec.  286.  Course  of  Study — Renewal  of  Certificates:  County  superin- 
tendents of  public  instruction  shall  require  both  the  academic  and  pro- 
fessional branches  to  be  taught  in  each  institute  session,  and  all  of  them, 
as  outlined  in  the  normal  institute  course  of  study  for  this  State,  or  as 
ordered  by  the  state  superintendent  of  public  instruction,  in  the  manner 
prescribed  by  him.  County  superintendents  shall  renew  certificates  of 
all  teachers  holding  valid  certificates  to  teach  in  the  schools  of  this  State 
under  the  laws  thereof  who,  during  the  validity  of  their  certificates,  have 
attended  as  bona  fide  participants  therein  the  sessions  of  the  county 
teachers'  institutes  called  by  the  county  superintendents  of  public  in- 
struction; and  the  certificates  held  by  teachers  thus  attending  shall  be  re- 
newed once  without  examination,  once  for  a  time  equal  to  the  original 
term  of  validity  of  said  certificates,  when  the  fact  of  such  attendance  shall 
have  been  properly  and  duly  certified  to  the  authority  renewing  said  cer- 
tificate: Provided,  that  teachers  whose  certificates  are  to  be  extended  and 
held  valid  under  the  provisions  of  this  section  shall  in  no  case  have  their 
certificates  extended  unless  said  teachers  shall  have  attended  at  least 
seventy-five  per  cent  of  the  sessions  of  the  county  teachers'  institutes; 
Provided,  further,  that  in  no  instance  shall  teachers  have  their  certificates 
renewed  under  the  provisions  of  this  section  who  have  not  made  a  general 
average  of  at  least  seventy-five  per  cent  in  the  last  examination  for 
teachers'  certificates  at  which  they  were  examined,  and  in  no  instance 
shall  a  certificate  be  extended  under  the  provisions  of  this  section  where 
the  teacher  holding  said  certificate  has  failed  to  teach  for  at  least  .three 
months  in  the  schools  of  this  State  each  year  during  the  validity  of  his 
certificate.  (8185.) 

History.     L.   1907-8,   p.   676. 

Sec.  287.  County  Superintendent  as  Instructor:  County  superinten- 
dents of  public  instruction  shall  not  serve  as  conductors  or  instructors  in 

—82— 


institutes  in  which  their  counties  are  interested;  unless  they  have  first 
met  the  requirements  set  forth  in  the  second  preceding  section,  and  in 
no  case  shall  they  draw  pay  for  services  as  conductor  or  instructor  in 
their  own  counties.  (8186.) 

History.     L.  1907-8,  p.  677. 

Sec.  288.  Two  or  More  Counties  May  Join  in  Institute:  By  and/with  the 
consent  of  the  state  superintendent  of  public  instruction,  two  or  more 
counties  may  unite  in  holding  one  normal  institute  each  year,  in  one  of  the 
counties  so  uniting;  the  county  superintendents  of  public  instruction  of 
the  counties  so  uniting  shall  agree  upon  the  time,  place  and  length  of  term 
of  such  normal  institute,  as  hereinbefore  provided,  but  none  of  them  shall 
be  the  conductor  or  instructor  of  such  institute  session,  except  as  provided 
in  the  preceding  section,  and  none  of  such  superintendents  of  public  in- 
struction of  any  of  the  counties  so  forming  such  joint  normal  institutes, 
shall  be  eligible  to  draw  a  salary,  or  otherwise,  any  moneys  from  such 
normal  institute  fund:  and  the  countv 'treasurer  of  the  county  in  which 
such  joint  normal  institute  is  held,  shall  be  the  legal  custodian  of  such 
fund  for  that  session.  The  county  superintendent  of  the  county  in  which 
such  joint  normal  institute  is  held  shall  draw  and  sign  all  orders  upon  such 
fund  for  the  joint  session  of  such  normal  institute;  and  the  county  com- 
missioners in  each  of  said  counties  so  uniting,  shall  be  subject  to  the  pro- 
visions of  the  third  section  of  this  article,  except  that  they  shall  not  appro- 
priate to  the  normal  institute  fund  to  exceed  one  hundred  dollars  for  each 
of  said  counties  so  united;  and  at  the  close  of  such  joint  normal  institute 
session  of  each  county  treasurer  shall  again  be  the  custodian  of  all  such 
funds  in  his  county.  No  contracts  shall  be  entered  into  by  any  two  or  more 
county  superintendents  for  a  period  longer  than  two  years,  but  at  the  end 
of  each  two  years  such  contracts  may  be  renewed  as  hereinbefore  pro- 
vided. (8187.) 

History.     L,.  1907-8,  p.  677. 

Sec.  289.  Teachers  to  Attend  Separate  Institutes:  All  teachers  of 
the  negro  race  shall  attend  separate  institutes  from  those  for  teachers  of 
the  white  race;  and  in  all  counties  where  the  number  of  teachers  of 
either  race  is  less  than  twenty-five,  desiring  to  attend  such  institute, 
they  shall  have  the  right  and  privilege  to  attend  any  institute  for  their 
race,  or  to  be  united  with  the  teachers  of  their  race  in  any  other  ad- 
jacent county,  under  the  provisions  of  the  preceding  section,  and  they  shall 
be  given  equal  facilities  with  the  other  race  in  such  county  or  counties, 
and  their  conductor  and  instructors  shall  be  of  their  own  race  only;  Pro- 
vided, that  all  moneys  and  fees  paid  by  them  shall  be  used  to  pay  their 
own  conductor  and  instructors  and  that  they  shall  receive  their  pro  rata 
of  all  appropriations  made  by  the  county  commissioners  for  institute 
fund  in  their  county  or  counties,  according  to  the  actual  attendance 
thereof.  (8188.) 

History.     L.  1907-8,  p.  678. 

Sec.  290.  Reports  by  County  Superintendents:  The  county  super- 
intendents of  public  instruction  of  the  respective  counties  of  Oklahoma 
shall  annually  make  a  complete  report  to  the  state  superintendent  of 
public  instruction,  on  blanks  provided  for  the  same  and  furnished  by  him, 
all  data  relative  to  institutes;  exact  time  of  holding  the  session,  length 
of  term,  place — town  and  county, — name  of  conductor  and  instructors,  and 
any  ctner  information  required  by  the  state  superintendent  of  public  in- 
struction, which  report  must  be  filed  at  the  capital  not  later  than  the 
first  Friday  of  April  of  each  year.  (8189.) 
History.  L.  1907-8,  p.  678. 

—83— 


Sec.  291.  Conductors  to  Make  Reports:  All  conductors  of  teachers' 
institutes  in  the  respective  counties  of  this  State  shall,  at  the  close  of  such 
session,  and  before  full  compensation  for  such  work  is  received,  make 
out  in  duplicate  form  a  full  and  complete  report  of  such  sessions,  em- 
bracing the  following  facts:  Date  of  opening  and  closing  such  sessions, 
enrollment  fee,  number  of  members  enrolled,  with  their  names,  ages, 
sex,  classification,  grade,  normal  institute  grade,  experience  in  months,  and 
any  other  facts  required  by  the  state  superintendent;  also  the  name  of  the 
conductor  and  instructors,  the  date  of  issue  and  expiration  of  institute 
certificates,  salary  and  other  compensation  received,  copy  of  the  daily  pro- 
gram used,  and  a  certified  statement  to  the  effect  that  the  normal  in- 
stitute course  of  study  and  the  instructions  of  the  state  superintendent 
were  followed  both  in  word  and  in  spirit  during  such  session,  together  with 
any  recommendations  or  suggestions  to  the  State  superintendent  tend- 
ing to  the  betterment  of  the  course  of  study  of  the  work  for  the  suc- 
ceeding institute  year  of  June,  July  or  August.  A  copy  of  this  report 
shall  be  filed  by  such  conductors  immediately  at  the  close  of  such  in- 
stitute session,  with  the  respective  county  superintendents,  to  become  a 
part  of  their  office  record,  and  a  duplicate  copy  shall  be  transmitted  by 
mail  by  such  conductors  to  the  state  superintendent  of  public  instruction 
to  become  a  part  of  his  office  record  of  the  same.  (8190.) 

History.     L.  1907-8,  p.  679. 

Sec.    292.      Certificate    May    Be    Revoked    for    Non-Compliance:      Any 
conductor  who  shall  fail  to  comply  with  all  the  provisions  of  this  article 
shall  be  subject  to  the  revocation  of  his  normal  institute  certificate  by  the 
state  superintendent  of  public  instruction  of  this  State.     (8191.) 
History.     L.  1907-8,  p.  679. 

Sec.  293.  Violation  by  Superintendent  a  Misdemeanor:  Any  county 
superintendent  who  shall  in  any  manner  violate  the  provisions  of  this 
article  upon  conviction  thereof  shall  be  guilty  of  a  misdemeanor,  and  for 
the  second  offense  may  be  removed  from  office,  as  provided  by  law. 
(8192.) 

History.     L.  1907-8,  p.  679. 


ARTICLE  XVII. 
Kindergartens. 

Section  Section 

294.  Establishment    of    kindergartens.  297.     Teachers  trained — normal  school. 

295.  Same    as   above.  298.     Kindergarten    census. 

296.  Kindergarten   defined.  299.     Teachers'    qualifications. 

Sec.  294.  Establishment  of  Kindergarten:  The  directors  of  any  school 
district,  board  of  education  or  other  duly  authorized,  appointed,  elected  or 
qualified  public  school  officers  of  any  town,  city  or  school  district,  having 
a  population  of  twenty-five  hundred  or  more,  may  establish  and  maintain 
kindergartens  in  connection  with  the  public  schools  under  their  jurisdic- 
tion, for  all  children  between  the  ages  of  four  and  six  years.  (8150.) 

History.     L.  1903,  p.  257. 

Note. — Children  of  kindergarten  age  are  not  to  be  counted  in  the 
apportionment  of  the  public  school  funds.  See  sections  13  and  29, 
also  Chap.  76,  L.  1907-8,  p.  666. 

Sec.  295.  Same  as  Above:  The  school  authorized  in  each  and  every 
town  or  city  of  over  twenty-five  hundred  inhabitants  as  shown  by  the  last 
Federal  census  or  any  subsequent  census  authorized  by  the  State,  may 
establish  and  maintain  a  complete  kindergarten  system  for  all  children 
between  the  ages  of  four  and  six  years.  (8151.) 

History.     L.   1903,  p.  257. 

Sec.  296.  Kindergarten  Defined:  The  term  kindergarten  shall  be 
construed  to  mean  the  application  of  the  methods  of  Froebel  or  some  ap- 
proved American  development  of  said  methods,  and  not  merely  sub- 
primary  grades  for  children  under  six  years  of  age  shall  be  established 
under  the  authority  of  this  article.  (8152.) 
History.  L.  1903,  p.  257. 

Sec.  297.  Teachers  Trained — Normal  School:  Within  one  year  after 
the  provisions  of  this  Act  shall  become  law,  provisions  shall  be  made  or 
department  established  for  the  training  of  kindergarten  teachers  in  the 
normal  schools  of  the  State.  (8153.) 

History.     L.    1903,   p  258. 

Sec.  298.  Kindergarten  Census:  Whenever  a  city,  town  or  school 
district  shall  have  established  kindergartens  in  connection  with  its  public 
school  system  as  provided  for  by  sections  294  and  295,  the  school  officials 
of  each  city,  town  or  school  district  shall  cause  (a  census)  to  be  taken  of 
all  pupils  between  the  ages  of  four  and  six  years  and  report  said  census 
duly  certified  by  the  clerk  of  said  board  of  education,  or  clerk  of  school 
district  to  the  county  superintendent  who  shall  certify  the  report  of  said 
census  to  the  State  superintendent  or  public  instruction.  Upon  receipt 
of  said  report  the  State  superintendent  of  public  instruction  shall  appor- 
tion the  funds  arising  from  rentals  on  school  lands  in  the  same  manner 
now  accorded  to  other  schools,  except  that  such  aid  shall  (inure)  to  the 
district  maintaining  the  kindergartens  on  the  basis  of  enumeration. 
(8154.) 

History.     L,.   1903,   p  258. 

Note. — Chapter  76,  Session  Laws  1907-8,  p.  666,  probably  repeals 
this  section. 

Sec.  299.  Teachers'  Qualifications:  All  applicants  for  positions  in 
kindergartens  maintained  by  said  towns,  city  or  school  district  shall  be 
graduates  of  an  accredited  kindergarten  normal  school,  and  subject  to  any 
examination  instituted  by  the  state  superintendent  of  public  instruction. 
(8155.) 

History.     L.  1903,  p.  258. 

-85- 


ARTICLE  XVIII. 
Nepotism. 

Section  Section 

300.  Unlawful  contracts.  303.     Penalty   for   executive. 

301.  Unlawful   warrants.  304.     Forfeiture  of  office. 

302.  Nepotism    a    misdemeanor.  305.     Explanation    of    terms. 

Sec.  300.  Unlawful  Contracts:  Hereafter  it  shall  be  unlawful  for 
any  executive,  legislative,  ministerial  or  judicial  officer  in  the  State  to 
appoint  or  vote  for  the  appointment  of  any  person  related  to  him  by 
affinity  or  consanguinity  within  the  third  degree,  to  any  clerkship,  office, 
position,  employment  or  duty  in  any  department  of  the  State,  district, 
county,  city  or  municipal  government  of  which  such  executive,  legislative, 
ministerial  or  judicial  officer  is  a  member,  when  the  salary,  wages,  pay  or 
compensation  of  such  appointee  is  to  be  paid  out  of  the  public  funds  or 
fees  of  office.  (2796.)  (L.  1907-8,  p.  574.) 

Sec.  301.  Unlawful  Warrants:  It  shall  hereafter  be  unlawful  for  any 
such  executive,  legislative,  ministerial  or  judicial  officer  mentioned  in 
section  300  of  this  article,  to  draw  or  authorize  the  drawing  of  any  warrant 
or  authority  for  the  payment  out  of  any  public  fund,  of  the  salary,  wages, 
pay  or  compensation  to  any  such  ineligible  person,  and  it  shall  be  unlawful 
for  any  executive,  legislative,  ministerial  or  judicial  officer  to  pay  out  of 
any  public  funds  in  his  custody  or  under  his  control  the  salary,  wages, 
pay  or  compensation  of  any  such  ineligible  person.  (2797.)  (L.  1907-8, 
p.  574.) 

Sec.  302.  Nepotism  a  Misdemeanor:  It  shall  be  unlawful  for  any 
executive,  legislative,  ministerial  or  judicial  officer  to  appoint  and  furnish 
employment  for  any  person  whose  services  are  to  be  rendered  under  his 
direction  and  control  and  paid  for  out  of  the  public  funds,  and  who  is  re- 
lated by  either  blood  or  marriage  within  the  third  degree  to  any  other 
executive,  ministerial  or  judicial  officer  when  such  appointment  is  made 
m  part  consideration  that  such  other  officer  shall  appoint  and  furnish  em- 
ployment to  any  one  so  related  to  the  officer  making  such  appointment. 
Any  suoh  officer  who  shall  violate  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  be  punished  as  provided  in 
section  303  of  this  article.  (2798.)  (L.  1907-8,  p.  574.) 

Sec.  303.  Penalty  of  Executive:  An  executive,  legislative,  ministerial 
or  judicial  officer  who  shall  violate  any  provision  of  this  article  shall  be 
deemed  guilty  of  a  misdemeanor,  involving  official  misconduct,  and  shall 
be  punished  by  a  fine  of  not  less  than  than  one  hundred  nor  more  than 
one  thousand  dollars,  and  shall  forfeit  his  office.  (2800.)  (L.  1907-8,  p. 
574.) 

Sec.  304.  Forfeiture  of  Office:  Every  person  guilty  of  violating  the 
provisions  of  this  Article  shall,  independently  of,  on  in  addition  to  any 
criminal  prosecution  that  may  be  instituted,  be  removed  from  affice  ac- 
cording to  the  mode  of  trial  and  removal  prescribed  in  the  constitution 
or  laws  of  this  State.  (2801.)  (L.  1907-8,  p.  574.) 

Sec.  305.  Explanation  of  Terms:  Under  the  designation  executive, 
legislative,  ministerial  or  judicial  officer  as  mentioned  herein  are  included 
the  governor,  lieutenant  governor,  speaker  of  the  house  of  representatives, 
corporation  commissioner,  all  the  heads  of  the  departments  of  this  State 


government,  judges  of  the  courts  of  this  State,  mayors,  recorders  and  alder- 
men of  all  incorporated  cities  and  towns,  public  school  trustees,  officers 
and  boards  of  managers  of  the  State  university,  and  its  several  branches, 
State  normals,  the  penitentiaries  and  eleemosynary  institutions,  members 
of  the  commissioners'  court  and  all  other  officials  of  the  State,  district, 
county,  cities  of  other  municipal  subdivisions  of  the  State.  (2802.)  (1907- 
S,  p.  574.) 


—87— 


ARTICLE  XIX. 
School   Bonds. 

Section  Section 

306.  Districts   may   issue   bonds — con-  312.     Interest    and    sinking    fund — in- 

ditions.  vestment. 

307.  Voters — petition    required.  313.  Penalty   for   fraudulent   issue. 

308.  Election    on   bond   issue.  314.  Payment   and    cancellation. 

309.  Details  of  issue.  315.  Bond  commissioner  created. 

310.  Registration    by    county    clerk.  316.  Duties    of. 

311.  Same — copy     and     statement     to  317.  Not  valid  without  certificate   of. 

state   superintendent.  318.     Investing  sinking  funds. 

Sec.  306.  District  May  Issue  Bonds — Conditions:  That  for  the  pur- 
pose of  purchasing  one  or  more  school  sites,  erecting,  purchasing  or  paying 
for  and  furnishing  one  or  more  school  houses  in  and  for  any  school  district 
in  the  State  of  Oklahoma,  the  board  of  directors  of  the  same  shall  have 
the  power  to  issue  the  bonds  of  the  district  in  an  amount  not  exceeding, 
with  all  outstanding  indebtedness,  four  per  cent,  of  its  taxable  property,  as 
shown  by  the  last  assessment  thereof,  and  for  the  purpose  of  extending 
the  time  of  payment  of  the  school  district  indebtedness,  or  of  the  bonded 
indebtedness  of  any  school  district  the  board  of  directors  shall  have  the 
power  to  issue  the  bonds  of  the  district  in  a  sum  not  to  exceed  in  amount 
its  outstanding  indebtedness,  including  bonded  indebtedness:  Provided, 
That  no  bonds  shall  be  issued  until  at  an  election  called  for  that  purpose, 
the  question  shall  have  been  submitted  to  the  qualified  electors  of  the  dis- 
trict and  two-thirds  of  all  the  qualified  electors  voting  at  such  election  de- 
clared by  their  ballots  in  favor  of  issuing  the  same.  (8066.) 

History.     L.    1895,   p.   68. 

Note. — Latter  part  of  original  section  is  the  section  following. 

Sec.  307.  Voters — Petition  Required:  Qualified  electors,  for  the  pur- 
poses of  this  article,  are  hereby  declared  to  be  all  persons,  male  or  female, 
over  the  age  of  twenty-one  years,  who  are  citizens  of  the  United  States  and 
have  been  bona  fide  residents  for  more  than  three  months  next  preceding 
such  school  district  bond  election,  within  the  limits  of  such  school  district: 
Provided,  that  no  such  election  shall  be  ordered  unless  a  petition,  stating 
the  purpose  for  which  the  bonds  are  to  be  issued,  and  signed  by  at  least 
one-third  of  the  qualified  electors,  as  herein  defined,  of  such  school  district, 
as  shown  by  the  last  preceding  enumeration,  by  the  township  trustee  of 
the  township  in  which  such  school  district  is  located,  shall  have  been  pre- 
sented to  the  district  board,  praying  that  a  vote  be  taken  for  the  issuing  of 
such  amount  of  bonds  as  may  be  asked  for  herein;  Provided,  further,  that  it 
shall  be  unlawful  for  any  school  district  to  create  any  bonded  indebtedness 
unless  there  are  at  least  eight  persons  between  the  ages  of  six  and  twenty- 
one  years  actually  residing  within  the  limits  thereof,  as  shown  by  a  census 
taken  by  the  clerk  of  such  district  not  more  than  three  months  previous 
to  such  bond  election,  and  by  such'  clerk  verified  upon  oath.  (8066.) 
History.  S.  1893,  Sec.  5823,  as  amended  by  L.  1895,  p.  58. 

Sec.  308.  Election  on  Bond  Issue:  Whenever  such  a  petition  so 
signed  shall  be  presented  to  the  board  of  directors  of  any  school  district, 
praying  that  a  vote  be  taken  on  the  question  of  issuing  the  bonds  of  such 
district,  it  shall  be  the  duty  of  the  district  board  immediately  to  order  an 
election  for  the  purpose  of  determining  the  question  of  issuing  the  bonds 
as  prayed  for,  and  forthwith  to  give  notice  by  posting  up  written  or  printed 
notices,  signed  by  the  clerk,  in  five  of  the  most  public  places  in  the  district, 


which  notices  shall  be  posted  up  at  least  ten  days  before  such  election,  and 
shall  state  therein  the  object  for  which  the  election  was  called,  the  amount 
of  the  bonds  which  it  is  expected  to  issue,  and  the  manner  in  which  the 
question  shall  be  voted  upon;  and  the  said  election  shall  be  conducted  by 
the  school  district  board,  or,  in  their  absence,  by  three  persons  chosen  by 
the  bystanders,  and  shall  be  by  ballot;  and  the  polls  shall  be  opened  at  two 
o'clock  p.  m.,  and  closed  at  six  o'clock  p.  m.  The  ballots  used  at  such  elec- 
tion shall  be  either  written  or  printed  and  shall  contain  the  words,  if  the 
voter  wishes  to  vote  for  the  issue  of  the  bonds,  "For  the  Bonds,"  and  if  he 
wishes  to  vote  against  the  bonds  it  shall  contain  the  words,  "Against  the 
Bonds."  (8067.) 

History.     S.   1893,  Sec.  5824,  as  amended  by  L.   1895,  p.   69.     Revision: 
Minor  changes  in  language. 

Sec.  309.  Details  of  Issue:  The  bonds  herein  provided  for  shall  be 
issued  in  denominations  of  not  less  than  one  hundred  dollars  and  more 
than  five  hundred  dollars  each;  they  shall  bear  interest  at  a  rate  not  to  ex- 
ceed seven  per  cent,  per  annum,  payable  semi-annually  on  the  first  days  of 
January  and  July  of  each  year,  at  such  place  as  shall  be  designated  in  the 
bonds,  the  principal  of  the  bonds  being  payable  within  twenty  years  from 
their  date.  The  bonds  shall  specify  on  their  face  the  date  of  issue,  amount, 
for  what  purpose  and  to  whom  issued,  the  time  they  run,  the  rate  and 
times  of  payment  of  interest,  and  shall  have  coupons  attached  for  the  in- 
terest as  it  becomes  due,  said  coupons  being  so  arranged  that  the  last  one 
shall  fall  due  at  the  maturity  of  the  bonds.  Said  bonds  and  the  coupons 
thereto  attached  shall  be  signed  by  the  director  and  countersigned  by  the 
clerk  of  the  district;  shall  be  registered  in  the  office  of  the  State  auditor, 
and  a  transcript  of  all  the  proceedings  in  the  voting  of  such  bonds  shall  be 
filed  therewith.  Upon  finding  that  all  the  proceedings  have  been  regular, 
the  State  auditor  shall  so  certify  upon  each  and  every  one  of  such  bonds, 
and  shall  so  certify  the  same  to  the  county  clerk  of  the  county  in  which 
such  school  district  is  located,  who  shall  thereupon  register  the  said  bonds 
in  his  office;  whereupon  such  bonds  shall  be  negotiable  and  transferable 
by  delivery,  and  may  be  disposed  of  by  the  district  board  at  not  less  than 
ninety-five  cents  on  the  dollar,  and  the  proceeds  of  the  same  applied  as  pro- 
vided in  the  petition  upon  which  the  issuance  of  the  bonds  was  authorized. 
(8068.) 

History.     S.   1893,  Sec.  5825,  as  amended  by  L.  1895,  p.  70. 

Note. — The    bonds    must    also    be    registered    by    the    district    treas- 
urer.    See  section  90. 

Sec.  310.  Registration  by  County  Clerk:  Before  delivering  any  school 
district  bonds  the  board  of  directors  of  the  district  issuing  the  same  shall 
cause  them  to  be  registered  with  the  clerk  of  the  county  in  which  said  dis- 
trict is  located.  And  it  shall  be  the  duty  of  the  county  clerk  on  presenta- 
tion of  any  school  bonds  for  registration,  to  register  the  same  in  a  book 
prepared  for  that  purpose,  if  the  said  bonds  contain  the  ceitincate  of  the 
State  auditor  that  the  proceedings  have  been  regular;  which  register  shall 
contain: 

First.     The  number  of  the  district. 
Second.     The  number  of  the  bond. 
Third.     Date  of  bond. 
Fourth.     To  whom  payable. 
Fifth.     When  and  where  payable. 
Sixth.    When  due, 

—89— 


Seventh.     When  interest  due.   (8069.) 
Eighth.     Amount  of  bonds. 

History.     S.  1893,  Sec.  5826,  as  amended  by  L.  1895,  p.  71.     Revision: 
Latter  part  of  section  made  a  separate  section. 

Sec.  311.  Same — Copy  and  Statement  to  State  Superintendent:  The 
county  clerk  shall  furnish  one  copy  of  his  register  to  the  county  treasurer 
and  forward  one  copy  to  the  State  superintendent,  together  with  a  state- 
ment showing: 

First.  The  number  of  sections  of  land  in  the  district  issuing  such 
bonds. 

Second.  The  number  of  acres  of  land  assessed  and  subject  to  taxa- 
tion in  such  district. 

Third.     The  assessed  valuation  of  taxable  land. 

Fourth.  The  assessed  valuation  of  all  personal  property  in  such  dis- 
trict, which  statement  shall  be  signed  by  each  member  of  the  school  board 
issuing  the  bonds;  and  the  county  clerk  shall  certify  under  the  official 
seal  of  his  office  to  the  correctness  of  the  statement  and  the  genuineness 
of  the  signatures  attached  thereto.  (8069.) 
History.  See  note  to  preceding  section. 

Sec.  312.  Interest  and  Sinking  Fund — Investment:  It  shall  be  the 
duty  of  the  board  of  county  commissioners  of  each  county,  to  levy  annually 
upon  all  the  taxable  property  in  each  district  in  such  county,  a  tax 
sufficient  to  pay  the  interest  accruing  upon  the  bonds  issued  by  such  dis- 
trict, and  to  provide  a  sinking  fund  for  the  fund  for  the  final  redemption 
of  the  bonds;  such  levy  to  be  made  with  the  annual  levy  of  the  county, 
and  the  taxes  collected  with  other  taxes,  and  when  collected  shall  be  and 
remain  in  the  hands  of  the  county  treasurer,  a  specific  fund  for  the  pay- 
ment of  the  interest  upon  such  bonds,  and  for  their  final  payment  at  ma- 
turity: Provided,  that  moneys  in  the  hands  of  the  county  treasurer,  be- 
longing to  the  sinking  funds  of  the  several  school  districts  in  such  county, 
shall  be  invested  by  the  county  treasurer: 

First.  In  the  bonds  of  the  district  to  which  said  sinking  fund  belongs: 
Provided,  that  such  bonds  can  be  purchased  at  a  price  not  exceeding  their 
market  or  par  value. 

Second.     In  the  bonds  of  the  other  school  districts  of  the  State,  matur- 
ing before  the  bonds  for  which  such  fund  is  raised:     Provided,  that  the 
same  can  be  purchase'!  at  a  price  not  exceeding  their  marktt  or  par  value. 
Third.     In  the  bonds  of  the  State  of  Oklahoma  or  of  the  United  States. 
(8070.) 

History.     S.   1893,   Sec.   5827,   as  amended  by  L.   1895,   p.   71. 
Note. — The   sinking   fund   and   interest   levy   is   made   by   the   county 
excise  board.     See  Article  22. 

Sec.  313.  Penalty  for  Fraudulent  Issue:  If  any  school  district  whose 
officer,  whose  duty  it  is  under  the  provisions  of  this  article  to  issue  or 
assist  in  any  manner  in  the  issuance  of  the  bonds  of  any  school  district, 
shall  prepare,  sign  or  deliver,  or  aid,  counsel,  or  assist  in  preparing,  sign- 
ing or  delivering,  or  shall  cause  to  be  prepared,  signed  or  delivered,  any 
bond  or  bonds  of  any  school  district,  at  any  time  before  such  bonds  are 
authorized  to  be  prepared,  signed  or  delivered,  such  officer  shall  be  guilty 
of  a  felony,  and  upon  conviction  shall  be  fined  in  any  sum  not  less  than 
five  hundred  dollars  nor  more  than  five  thousand  dollars,  or  by  imprison- 
ment in  the  penitentiary  for  not  less  than  two  years  nor  longer  than  seven 
years,  or  by  both  such  fine  and  imprisonment..  And  if  the  board  of  direcr- 

—90— 


tors  of  any  school  district,  or  any  member  thereof,  shall  use  or  dispose  of 
any  school  district  bonds,  or  the  money  accruing  from  the  sale  of  such 
bonds,  in  any  other  manner  or  for  any  other  purpose  than  that  for  which 
the  same  was  created  or  intended,  he,  or  they,  shall  be  liable  to  be  punished 
by  a  fine  of  not  less  than  five  hundred  dollars  nor  more  than  two  thousard 
dollars,  by  indictment  in  any  court  of  competent  jurisdiction,  or  by  impris- 
onment in  the  penitentiary  not  more  than  two  years,  or  both  such  fine  and 
imprisonment.  (8071.) 

History.  S.  1893,  Sec.  5828,  as  amended  by  L.  1895,  p.  72.  Revision: 
"Whose,"  preceding  "officer,"  eliminated  as  superfluous;  *minor  changes 
in  language. 

Sec.  314.  Payment  and  Cancellation:  On  the  payment  of  the  bonds 
or  coupons  of  any  school  district,  the  county  treasurer  shall  immediately 
cancel  the  same  and  endorse  thereon  the  date  of  payment,  and  shall  there- 
upon present  the  same  to  the  county  clerk,  who  shall  cancel  said  bonds  or 
coupons  on  his  register  by  indorsing  thereon  the  date  of  payment  of  each, 
and  immediately  return  the  same  to  the  county  treasurer;  and  at  the  time 
of  the  settlement  with  the  several  school  district  treasurers  of  his  county, 
the  county  treasurer  shall  deliver  to  each  the  cancelled  bonds  and  coupons 
of  his  district,  and  take  a  receipt  therefor,  and  such  cancelled  bonds  and 
coupons  shall  be  destroyed  by  the  district  Treasurer  in  the  presence  of  all 
the  officers  of  the  district,  a  complete  record  of  their  destruction  being  made 
by  the  district  clerk.  On  the  last  Saturday  of  July  of  each  year,  each  and 
every  county  treasurer  shall  make  to  the  county  clerk  of  his  county  a  de- 
tailed report  of  all  the  bonds  and  coupons  cancelled  during  the  year,  and 
the  date  of  payment  of  the  same,  accompanied  by  the  receipts  given  by  dis- 
trict treasurers  thereof.  (8072.) 

History.     S.    1893,    Sec.   5826,   as  amended  by  L.  1895,  p.   73. 

Sec.  315.     Bond  Commissioner  Created:     The  attorney  general  is  hereby 
made  ex-officio  bond  commissioner  of  the  State  of  Oklahoma. 
History.     H.  B.  116,  L.  1910. 

Sec.  316.  Duties  Of:  It  shall  be  the  duty  of  such  bond  commissioner 
to  prepare  uniform  forms  and  prescribe  a  method  of  procedure  under  the 
laws  of  the  State  in  all  cases  where  it  is  desired  to  issue  public  securities  or 
bonds,  in  any  county,  township,  municipality,  or  political  or  other  subdivision 
thereof  of  the  State  of  Oklahoma;  and  it  shall  be  the  further  duty  of  said 
bond  commissioner  to  examine  into  and  pass  upon  any  security  so  issued, 
and  such  security,  when  declared  by  the  certificate  of  said  bond  commis- 
sioner to  be  issued  in  accordance  with  the  forms  of  procedure  so  provided 
shall  be  incontestable  in  any  court  in  the  State  of  Oklahoma  unless  suit 
thereon  shall  be  brought  in  a  court  having  jurisdiction  of  the  same  within 
thirty  days  from  the  date  of  the  approval  of  said  securities  by  the  bond 
commissioner.  (1910.) 

History.     H.    B.    115,    L.    1910. 

Sec.  317.  Not  Valid  Without  Certificate  Of:  No  bond  hereafter  issued 
by  any  political  or  municipal  subdivision  of  this  State  shall  be  valid  with- 
out the  certificate  of  said  bond  commissioner.  (1910.) 

History.     H.  B.  116,  L.  1910. 

Sec.  318.  Investing  Sinking  Funds:  The  officers  having  charge  of  any 
sinking  fund  of  the  State,  or  of  any  county,  city,  town,  township,  school 
district  or  other  municipality  thereof,  may  invest  such  sinking  fund  in  the 
bonds  or  warrants  of  the  State  or  any  county,  city,  town,  township,  school 
district,  or  other  municipality  thereof;  or  in  any  public  building  warrants, 
maturing  prior  to  the  date  of  the  bonded  indebtedness,  for  the  payment  of 

—91— 


which  any  such  sinking  fund  is  created;  or  such  officers  may  buy  and  can- 
cel the  outstanding  bonds  of  the  State,  county,  city,  town,  township,  school 
district  or  other  municipality  which  they  represent,  when  the  same  may  be 
purchased  at  or  below  par.  (1910.) 

History.     H.   B.    115,   L.    1910. 


Bonds!  Bonds! 
Bonds! 

When  you  vote  them  write 
us,  stating  amount,  rate  of 
interest  and  time  to  run,  and 
we  will  either  buy  them  or 
place  them  for  you  at  the 
highest  market  price 

Jasper  Sipes  Co. 

Oklahoma  City 


—92— 


ARTICLE  XX. 
School  Bonds — Refunding. 


Section 

:: in.  Funding  bonds. 

320.  Notice    of    issuance. 

321.  Outstanding    indebtedness. 

322.  Issuance   of. 
:>1M.  Limit    on    issue. 

324.  Registration  of  bonds. 

325.  Levy  of  taxes  to   pay. 


Section 

326.  Duty    of    auditor — Treasurer    to 

make   levy — penalty. 

327.  Sinking  fund — purchase   bonds. 

328.  Payment. 

329.  Punishment  for  wrong   use. 

330.  Receivable  taxes. 

331.  Cancellation. 


Sec.  319.  (408-S.)  Funding  Bonds:  Every  county,  every  city  of  the 
first  class,  the  board  of  education  of  every  city,  every  township,  and  every 
school  district,  is  hereby  authorized  and  empowered  to  refund  it  indebted- 
ness, including  bonds,  judgments  and  warrants,  as  hereinafter  provided, 
upon  such  terms  as  can  be  agreed  upon,  and  to  issue  new  bonds  with  semi- 
annual interest  coupons  attached  in  payment  for  any  sum  so  refunded; 
which  bonds  shall  be  sold  at  no  less  than  par,  and  shall  not  be  for  a  longer 
period  than  thirty  years,  shall  not  exceed  in  amount  the  actual  amount  of 
outstanding  indebtedness,  inclusive  of  attached  coupons  and  shall  draw 
not  a  greater  interest  than  six  per  cent,  per  annum.  No  indebtedness,  of 
any  kind,  shall  be  funded  or  refunded  under  the  provisions  of  this  Article, 
except  indebtedness  actually  existing  at  the  time  of  the  passage  of  this  Act 
of  hereafter  legally  created.  (408.) 

Note. — See  Constitution,  Art.  10,  Sec.  26. 

320.  (409-S.)  Notice  of  Issuance:  Notice  of  the  issuance  of  bonds 
provided  for  in  this  Article,  shall  be  given  by  publication  in  a  newspaper 
published  at  the  county  seat  and  by  posting  a  copy  of  the  same  in  five 
public  places  in  the  municipality,  stating  that  on  the  day  named  therein 
the  municipality  will  proceed  before  the  county  court  of  the  county,  if  the 
amount  be  less  than  one  thousand  dollars,  or  before  the  district  court  if  the 
amount  exceed  one  thousand  dollars,  to  make  a  showing  and  ask  the 
court  to  hear  and  determine  the  amount  of  the  outstanding  legal  indebted- 
ness of  said  municipality,  and  to  sign  the  bonds  to  be  issued  in  payment  of 
the  same,  and  any  person  interested  may  remonstrate  against  the  issuance 
of  the  same.  Such  notice  shall  be  given  for  at  least  ten  days  before  the 
day  named  for  said  hearing.  (409.) 

Sec.  321.  Outstanding  Indebtedness:  On  the  day  named  in  the  notice 
referred  to  in  the  preceding  Section,  the  officers  authorized  to  issue  bonds 
under  this  Article  shall  go  before  the  court,  named  in  said  notice,  and  make 
proof,  to  the  satisfaction  of  the  court,,  of  the  existence,  character  and 
amount  of  outstanding  legal  indebtedness  of  said  municipality.  On  such 
proof  being  made  the  court  shall  cause  to  be  made  upon  the  records  of 
the  court,  statement  of  finding  to  that  effect  and  shall  then,  in  open  court 
proceed  to  sign  each  bond  to  be  issued,  up  to  the  amount  of  said  indebted- 
ness so  proven  and  approved  and  shall,  after  expiration  of  -the  time  for 
taking  appeals,  if  no  appeal  be  taken,  deliver  the  same  to  the  treasurer  of 
said  municipality  issuing  the  same,  who  shall  be  chargeable  therefor,  and 
shall  be  liable  on  his  official  bond  for  said  bonds.  Appeals  from  the  judg- 
ment of  the  court  shall  be  allowed,  as  provided  by  law,  upon  the  giving  of 
a  bond  for  costs  and  damages,  such  sum  as  the  court  may  require,  and  if 
any  appeal  is  taken  as  herein  provided,  then  said  bonds  shall  not  be  de- 
livered to  the  treasurer  of  said  municipality  until  the  final  determination 
of  said  appeal.  (410.) 


—93— 


Sec.  322.  (409-S.)  Issuance  Of:  Bonds  issued  under  this  article  by  any 
county  shall  be  signed  by  the  chairman  of  the  board  of  county  commission- 
ers, and  attested  by  the  county  clerk  under  the  seal  of  the  county.  Bonds 
issued  by  any  city  shall  be  signed  by  the  mayor  and  attested  by  the  city 
clerk,  under  the  seal  of  the  city.  Bonds  issued  by  any  township  shall  be 
signed  by  the  trustee,  attested  by  the  township  clerk  and  countersigned  by 
the  township  treasurer.  Bonds  issued  by  the  board  of  education  of  any, 
city  shall  be  signed  by  the  president,  and  attested  by  the  clerk  of  the  board 
tinder  the  seal  of  such  board.  Bonds  issued  by  any  school  district  shall  be 
signed  by  the  director,  attested  by  the  clerk  and  countersigned  by  the 
treasurer  of  such  school  district  board,  and  the  coupons  shall  be  signed  by 
the  mayor,  president,  director,  trustee  or  chairman  of  the  board  of  county 
commissioners,  and  the  clerks  respectively.  Such  bonds  may  be  in  any 
denomination  from  one  hundred  to  one  thousand  dollars,  and  made  payable 
at  such  place  as  may  be  designated  upon  the  face  thereof,  nad  they  shall 
contain  a  recital  that  they  are  issued  under  this  Article.  (411.) 

Sec.  323.  (409-S.)  Limit  on  Issue:  When  a  refunding  has  been  agreed 
upon  it  shall  be  the  duty  of  the  proper  officers  to  issue  such  bonds  at  the 
rate  agreed  upon,  to  the  holder  of  such  indebtedness,  in  the  manner  pre- 
scribed in  this  article;  but  no  bonds  shall  be  issued  under  this  article  until 
the  proper  evidence  of  the  indebtedness  for  which  the  same  are  to  be  issued 
shall  be  delivered  up  for  cancellation;  provided  that  no  bonded  indebted- 
ness shall  be  refunded  by  the  board  of  trustees  of  any  township  or  any 
school  district  board,  or  board  of  education,  under  this  article,  except  such 
as  have  been  issued  and  outstanding  at  least'  two  years  at  the  time  of  such 
refunding;  and  provided  further,  that  except  for  the  refunding  of  outstand- 
ing debt,  including  outstanding  bonds  and  matured  coupons  thereof,  or 
judgments  thereon,  or  warrants,  no  bonds  of  any  class  or  description  shall 
hereafter  be  issued  where  the  total  bonded  indebtedness  of  said  county  or 
township  would  thereby  exceed  four  (See  Art.  XXVIII.  Also  Sec.  25, 
Schedule  of  Constitution,  Art.  XXXIX,)  per  cent  of  the  assessment  for  taxa- 
tion as  shown  by  the  last  finding  and  determination  of  the  proper  board 
of  equalization,  or  of  such  city,  school  district,  or  board  of  education;  but 
this  restriction  shall  not  apply  to  the  boards  of  education  of  any  city  or 
cities  of  the  first  class.  (412.)  (L.  1895,  p.  89.  See  Const.  Art.  X.,  Sec.  26.) 

Sec.  324.  Registration  of  Bonds:  The  clerk  of  every  county,  city, 
township,  school  district  and  board  of  education,  issuing  bonds  under  this 
Article  shall  register  the  same  in  his  office.  Such  bonds  shall  also,  in  every 
case,  be  registered  by  the  county  clerk,  showing  the  date,  number  and 
amount  thereof,  rate  of  interest,  number  of  coupons  and  amount  of  each, 
to  whom  payable,  where  payable,  date  of  maturity,  and  if  optional,  under 
what  conditions;  and  all  indebtedness  refunded  under  this  Article  shall 
have  the  words  "paid  in  full'  marked  in  a  plain  manner  across  the  face  of 
each  bond,  coupon  or  warrant  refunded;  and  such  cancelled  obligations 
shall  be  carefully  preserved  in  the  office  of  the  county  clerk  or  destroyed 
by  the  county  commissioners,  a  register  of  the  number,  amount  and  date 
of  issue  having  first  been  made  by  the  county  clerk.  The  proper  officers 
shall,  at  the  time  of  issuing  refunding  bonds,  make  out  and  transfer  to  the 
auditor  of  the  State  a  certified  statement  of  all  proceedings  had  by  the 
proper  board  or  city  council,  as  shown  of  record,  and  that  said  bonds  have 
been  issued  for  value  in  all  respects  in  conformity  to  this  Article  for  cer- 
tain indebtedness  surrendered,  definitely  describing  the  bonds  issued  and 
the  indebtedness  surrendered  and  that  have  been  duly  rggistered  by  the  at- 
testing clerk  and  county  clerk  as  required  herein;  which  statement  shall  be 
in  such  form  and  include  such  other  information  as  the  auditor  of  the  State 
may  require  and  be  signed  by  all  the  officers  whose  signatures  are  attached 


to  such  bonds,  and  attested  by  the  proper  clerk  with  the  corporate  seal  of 
the  county,  city,  township,  school  district  or  board  of  education,  if  any,  and 
duly  acknowledged  before  the  county  clerk.  And  the  auditor  shall  upon 
being  satisfied  that  such  bonds  have  been  issued  according  to  the  pro- 
visions of  this  Article,  and  that  the  sigantures  thereto  of  the  officers  sign- 
ing the  same  are  genuine,  register  the  same  in  his  office  in  a  book  kept 
for  that  purpose  and  shall,  under  his  seal  of  office  certify  upon  such  bonds 
the  fact  that  they  have  been  registered  in  his  office  according  to  law. 
(413.) 

Note.— See  Const.,   Art.   X,    Sec.   29.) 

Sec.  325.  (409-S.)  Levy  of  Taxes  to  Pay:  In  every  instance  in  which 
any  county,  city,  township,  the  board  of  education  of  any  city,  or  any  school 
district  shall  issue  bonds  under  this  Article,  it  shall  be  the  imperative  duty 
of  the  proper  officers  of  such  county,  city,  township,  the  board  of  education 
of  any  city,  or  of  such  school  district  whose  duty  it  may  be  to  levy  taxes, 
to  annually  levy,  at  the  time  of  making  the  levy  of  other  taxes,  a  tax  suffi- 
cient in  amount  to  pay  the  interest  upon  said  bonds  and  the  coupons  as 
they  become  due,  and  to  create  a  sinking  fund  as  provided  for  in  this 
Article  for  the  payment  of  the  principal  of  such  bonds,  and  if  such  officers 
fail  or  neglect  to  make  such  levy,  it  shall  be  the  duty  of  the  county  clerk 
forthwith  to  levy  such  tax;  and  in  case  any  such  officer  shall  neglect  or 
refuse  to  levy  any  such  tax  at  the  time  aforesaid,  and  in  case  any  county 
clerk  shall  neglect  or  refuse  to  extend  such  tax  upon  the  roll  of  the  county 
at  the  proper  time,  then  and  in  that  case,  any  such  officer  so  neglecting 
or  refusing  to  levy  or  extend  such  tax  shall  be  severally  and  individually 
liable  and  shall  also  be  liable  upon  his  official  bond  to  the  holder  of  any 
such  bond  or  coupon  falling  due  during  the  year  for  which  such  tax  should 
nave  been  levied  or  extended  for  the  full  amount  thereof  as  soon  as  the 
same  is  due,  which  liability  may  be  enforced  in  a  civil  action  in  the  name 
of  the  holder;  and  any  such  officer  so  neglecting  or  refusing  to  levy  or  ex- 
tend such  tax  shall  also  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  fined  in  an  amount  equal  to  the  amount  which  it 
may  be  shown  should  have  been  so  levied  or  extended  during  such  year, 
or  imprisoned  in  the  county  jail  for  a  term  not  less  than  three  nor  more 
than  twelve  months.  (414). 

Note. — Levies   as   provided   by   this   section   are   made   in   accordance 
with  Article  22  of  this  book. 

Sec.  326.  Duty  of  Auditor — Treasurer  to  Make  Levy — Penalty:  Should 
the  proper  officer  whose  duty  it  is  to  levy  the  taxes  to  pay  such  bonds 
and  coupons,  fail  or  neglect  to  make  such  levy  as  provided  for  in  this 
Article,  it  shall  be  the  duty  of  the  auditor  of  the  State,  at  any  time  there- 
after, to  ascertain  the  amount  of  interest  and  sinking  fund,  or  principal  of 
such  bonds,  accrued  and  to  accrue  during  that  year,  and  shall  certify  the 
amount  thereof  to  the  treasurer  of  the  county  in  which  such  bonds  were 
issued,  setting  forth  the  amount  thus  due,  and  whether  from  the  county 
or  from  a  particular  city  .township,  the  board  of  education  or  any  city  or 
school  district  within  such  county  f  and  it  shall  be  the  duty  of  such  county 
treasurer,  immediately  upon  receiving  such  certified  statement  from  the 
auditor  of  the  State  to  proceed  to  ascertain  from  the  assessment  roll  of  the 
county  the  amount  of  taxable  property  in  such  county,  city, '  township,  the 
board  of  education  of  any  city,  or  such  school  district,  and  what  percentage 
is  required  to  be  levied  thereon  to  pay  the  said  interest  and  sinking  fund 
or  principal,  and  when  so  ascertained  shall  levy  such  percentage  upon  the 
taxable  property  of  such  county,  city,  township,  the  board  of  education  of 
any  city,  or  such  school  district,  as  may  be  liable  thereto,  and  shall  imme- 
diately place  the  same  upon  the  tax  roll  of  the  county  in  a  separate  column 
or  columns,  designating  the  purpose  for  which  such  taxes  are  levied;  and 

._95_ 


the  said  taxes  shall  be  collected  by  the  county  treasurer  of  such  county  in 
the  same  manner  that  other  taxes  are  collected.  And  should  such  county 
treasurer  neglect  or  refuse  to  levy  tax  and  place  the  same  upon  the  tax 
roll  for  collection  as  herein  provided,  he  shall  be  personally  liable,  and 
also  liable  upon  his  official  bond  to  the  holder  of  any  such  bonds  or  cou- 
pons then  due,  for  the  full  amount  thereof,  and  shall  also  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  imprisoned  in  the 
county  jail  for  not  less  than  three  months  nor  more  than  twelve  months. 
(415.) 

Sec.  327.  Sinking  Fund — Purchase  Bonds:  It  shall  be  the  duty  of 
every  county,  city,  township,  the  board  of  education  of  any  city,  and  of 
every  school  district,  issuing  bonds  under  this  Article,  and  of  the  proper 
officers  thereof,  to  create  a  sinking  fund  and  to  levy,  annually,  a  sufficient 
tax  thereof,  for  the  redemption  of  such  bonds,  which  shall  be  collected  as 
other  taxes,  and  paid  into  the  treasury  as  provided  by  law  for  other  taxes, 
and  shall  remain  as  a  specific  fund  for  the  redemption  of  said  bonds;  the 
amount  of  which  sinking  fund  shall  be  as  follows:  In  every  instance  in 
which  bonds  shall  be  issued  under  this  article  for  twenty  years  or  less,  the 
quotient  fund  found  by  dividing  the  amount  of  the  principal  of  such  bonds  by 
such  number  of  years  shall  be  the  amount  of  sinking  fund  to  be  levied  each 
year  for  the  redemption  of  such  bonds;  but  in  every  instance  in  which  such 
bonds  shall  be  issued  for  more  than  twenty  years,  it  shall  not  be  necessary 
to  create  a  sinking  fund,  nor  to  levy  a  tax  therefor,  until  the  twentieth  year 
prior  to  maturity  of  such  bonds,  at  which  time,  and  each  year  thereafter, 
one-twentieth  of  the  principal  amount  of  such  bonds  shall  be  levied  as  a 
sinking  fund  for  the  redemption  of  such  bonds;  Provided,  That  any  county, 
city,  township,  the  board  of  education  of  any  city,  or  any  school  district, 
issuing  bonds  under  this  Article,  may  buy  in  and  cancel  any  such  bonds 
whenever  the  same  can  be  done  at  or  below  par:  And  Provided  Further, 
That  such  sinking  fund,  when  not  required  for  the  payment  or  purchase  of 
bonds,  may  be  invested  in  bonds  of  the  United  States  or  of  the  State  of  Ok- 
lahoma, and  in  no  other  manner:  And  Provided  Further,  That  under  the 
provisions  of  this  Article,  the  proper  officers  are  authorized,  if  desirable,  to 
issue  installment  bonds,  running  thirty  years,  having  coupons  attached,  rep- 
resenting the  semi-annual  interest  to  become  due  therein;  and  each  coupon 
attached  to  any  installment  bond  shall,  after  five  years  from  its  date  repre- 
sent one-fiftieth  of  its  principal,  which  amount  shall  be  shown  by  separate 
words  and  figures  aside  from  the  interest  represented  in  the  coupon;  and 
each  installment  bond  shall  show  upon  its  face  that  its  principal  is  included 
in  its  coupons.  (416.)  (L.  1905,  p.  93.) 
Note.— See  Const.,  Art.  X.,  Sec.  26. 

Sec.  328.  Payment:  Whenever  the  bonds  or  interest  coupons  issued 
under  this  Article  shall  become  due,  they  shall  be,  on  presentation,  promptly 
paid  by  the  proper  disbursing  officer,  out  of  the  money  in  his  hands  col- 
lected for  that  purpose;  and  he  shall  indorse  upon  the  face  of  any  bond  or 
coupon  paid  by  him,  in  red  ink,  the  word  "paid,"  and  the  date  of  payment, 
and  sign  his  name  thereto,  and  at  each  settlement  he  shall  turn  over  the 
bonds  and  coupons  so  paid  and  cancelled,  which  shall  be  carefully  preserved 
or  destroyed.  (417.)  (L.  1905,  p.  94.) 

Sec.  329.  Punishment  for  Wrong  Use:  Any  person  who  shall  appro- 
priate, use  or  aid  or  abet  in  appropriating  or  using,  any  of  the  funds  or 
moneys  mentioned  in  this  Article,  for  any  other  purpose  than  as  in  this 
Article  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  a  sum  equal  to  the  amount  of  money  so  ap- 
propriated or  used,  and  imprisoned  in  the  county  jail  for  not  less  than  three 
nor  more  than  twelve  months,  and  shall  also  be  liable  in  a  civil  action  for 

—96— 


the  amount  so  misappropriated  or  used,  to  be  prosecuted  by  any  such  bond 
holder  or  other  party  entitled  thereto.  (418)    (L.  1905,  p.  95.) 

Sec.  330.  Receivable  Taxes:  The  interest  coupons  provided  for  in  this 
Article  shall  as  fast  as  they  become  due,  be  received  in  payment  of  taxes 
due  to  the  particular  county,  city,  the  board  of  education  of  any  city,  the 
township  or  school  district,  which  may  have  issued  such  coupons,  and  shall 
be  received  by  all  collecting  officers  the  same  as  cash,  in  payment  of  such 
taxes.  (419.)  (L.  1905,  p.  95.) 

Sec.  331.  Cancellation:  That  all  county,  township  and  municipal 
bonds  on.  which  final  judgment  shall  hereafter  be  rendered  by  any  court  of 
record  in  this  State  shall  be  cancelled  in  open  court,  and  returned  by  the 
clerk  of  such  court  to  the  clerk  of  the  proper  county,  city  or  township.  (420). 
(L.  1905,  p.  95.) 


—97— 


ARTICLE  XXI. 
State  Certificates. 


Section  Section 

332.  Normal  school  certificates.  335.     Diploma  a  five  year  certificate. 

333.  Normal    diplomas    equivalent  to  J36.     University  diploma  a  life  certifi- 

life  certificate.  cate. 

334.  Certificates    from     C.     A.     &  N.  337.     A.    &    M.    diploma    a    permanent 

University — Colored.  certificate — when. 

Sec.  332.  (8284-S.)  Normal  School  Certificates:  Each  year  at  the 
closing  session  of  the  Normal  Schools  an  examination  shall  be  held  for  a 
first,  second  and  third  grade  certificate  under  the  direction  of  the  State 
Board  of  education  in  each  of  the  Normal  schools  and  such  students  as 
shall  be  found  proficient  in  the  branches  required  shall  receive  a  certificate 
which  shall  be  valid  in  any  school  of  the  county  wherein  such  school  is 
located:  Provided,  That  all  applicants  for  such  certificates  shall  pay  a  fee 
of  two  -dollars  which  shall  be  added  to  the  institute  fund  in  the  county  in 
which  the  applicant  resides.  (L.  1905,  p.  307.) 

Note. — This  is  probably  amended  by  Sec.   (366)  and  by  Sec.   (367). 

Sec.  333.      (8284-S.)    Normal    Diplomas    Equivalent   to    Life    Certificates: 

Any  student  who  shall  have  completed  the  full  course  of  instruction  in  any 
of  the  normal  schools  shall  receive  a  diploma  which  shall  be  signed  by  the 
president  of  the  institution  and  the  president  and  secretary  of  the  board 
of  regents  and  such  diploma  shall  be  a  life  certificate  valid  in  any  public 
school  of  the  State.  (L.  1905,  p.  307.) 

Sec.  334.  (8339-S.)  Certificates  From  C.  A.  &  N  University — Colored: 
As  soon  as  any  person  has  attended  the  Colored  Agricultural  and  Normal 
University  twenty-two  weeks,  said  person  may  be  examined  in  the  studies 
required  by  law,  and  if  it  shall  appear  that  such  person  possesses  the  learn- 
ing and  other  qualifications  necessary  to  teach  a  common  school,  said  per- 
son shall  receive  a  certiFvate  authorizing  him  or  her  to  teach  a  common 
school.  (L.  1897,  p.  39.) 

Sec.|335.  (8247-S.)  Diploma  a  Five  Year  Certificate:  Any  person  hav- 
ing obtained  a  diploma  from  the  normal  department  of  said  (C.  A.  &  N.) 
University,  shall  be  permitted  to  teach  in  any  common  school  of  the  State 
of  Okahoma  for  e.  period  of  five  years  from  the  date  thereof,  said  authority 
to  teach  being  subject  to  revocation  for  any  proper  and  sufficient  cause. 
(L.  1897,  p.  41.) 

Sec.  336.  (8259-S.)  University  Diploma  a  Life  Certificate,When:  After 
any  person  has  graduated  at  the  University  (at  Norman)  and  after  such 
graduation  has  successfully  taught  a  public  school  in  this  State  for  16  school 
months,  the  Superintendent  of  public  instruction  shall  have  authority  to 
countersign  the  diploma  of  such  teacher  after  such  examination  as  to  moral 
character,  learning  and  ability  to  teach  as  to  said  superintendent  may  seem 
proper  and  reasonable.  Any  person  holding  a  diploma  granted  by  the  board 
of  regents  of  the  University  of  Oklahoma  certifying  that  the  person  hold- 
ing the  same  is  a  graduate  of  said  University  shall  after  his  diploma  has 
been  countersigned  by  the  superintendent  of  public  instruction  as  afore- 
said be  deemed  qualified  to  teach  any  of  the  public  schools  of  this  State 

—98— 


and  such  diploma  shall  be  a  certificate  of  such  qualifications  until  annul- 
led by  the  superintendent  of  public  instruction.  (S.  1893.  S.  6154.) 

Sec.  337.     (85-S.)    A.    &    M.    Diploma    a    Permanent    Certificate,    When: 
Any  student  having  completed  the  regular  *four  years'  course  of  study  of  the 
agricultural  and  mechanical  college  and  receiving  a  diploma  from  said  Col- 
lege shall  bo   granted  a  permanent  teacher's   certificate  of  first  grade  by 
the  State  superintendent  of  public  instruction,  when  application  for  sucn 
certificate  has  been  duly  made  and  approved  by  the  State  commission  of 
agricultural  and  industrial  education.     (L.  1907-8,  p.  17.) 
*Note. — The  course  referred  to  is  the  normal  course. 
For   copy  of  rules   and   regulations   regarding  issuance   of   state   cer- 
tificates write  to  the  Secretary  Stale  Board  of  Education.     See  section 
10,   paragraph  c. 


Foster's  Historical 
Maps 

Covering  American  and  United 
States  History 


Illuminates  and  adds 
interest  to  the  subject 


Order  from 

JASPER  SIPES  CO. 

State     A  g  e  nt  s  -:-  Okl  a.     City 


—99— 


ARTICLE  XXll. 
Tax   Levies. 


Section 

338.  Fiscal   year. 

339.  Penalty    for    not    assessing. 

340.  Tax,  limits. 

341.  Building    tax    limit. 

342.  Three-fifths    vote    necessary     to 

increase   indebtedness. 

343.  Increase    for    public    utilities. 

344.  Sinking  fund. 

345.  Attorney    general's    and    county 

officers'    certificates. 

346.  Uniform   accounting. 


Section 

347.  Limit  for  current  expenses. 

348.  Annual    statement. 

349.  County  excise   board. 

350.  Meeting  of  county  excise   board. 

351.  Increased   levies. 

352.  Fifty  percent  of  voters  required. 

353.  Canvass  of  returns. 

354.  Election   in   cities. 

355.  Thirty   per   cent   of  voters   must 

vote  in  school  districts. 


Sec.  338.  Fiscal  Year:  The  fiscal  year  shall  commence  on  the  first 
day  of  July  in  each  year,  unless  otherwise  provided  by  law.  (Article  X, 
Sec.  1,  Bunn's  Constitution,  p.  73.) 

Sec.  339.  Penalty  for  Not  Assessing:  All  property  which  may  be  taxed 
ad  valorem  shall  be  assessed  for  taxation  at  its  fair  cash  value,  estimated 
at  the  price  it  would  bring  at  a  fair  voluntary  sale;  and  any  officer,  or 
other  person  authorized  to  assess  values,  or  subjects,  for  taxation,  who  shall 
commit  any  wilful  error  in  the  performance  of  his  duty,  shall  be  deemed 
guilty  of  malfeasance,  and  upon  conviction  thereof  shall  forfeit  his  office, 
and  be  otherwise  punished  as  may  be  provided  by  law.  (Article  X.,  Sec. 
8,  Bunn's  Constitution,  p.  74.) 

Sec.  340.  Tax  Limits:  Except  as  herein  otherwise  provided,  the  total 
taxes,  on  an  ad  valorem  basis,  for  all  purposes,  State,  county,  township,  city 
or  town,  and  school  district  taxes,  shall  not  exceed  in  any  one  year  thirty- 
one  and  one-half  mills  on  the  dollar,  to  be  divided  as  follows: 

State  levy,  not  more  than  three  and  one-half  mills;  county  levy,  not 
more  than  eight  mills:  Provided,  That  any  county  may  levy  not  exceed- 
ing two  mills  additional  for  county  high  school  "and  aid  to  the  common 
schools  of  the  county,  not  over  one  mill  of  which  shall  be  for  such  high 
school,  and  the  aid  to  said  common  schools  shall  be  apportioned  as  pro- 
vided by  law;  township  levy,  not  more  than  five  mills;  city  or  town  levy 
not  more  than  ten  mills;  school  district  levy,  not  more  than  five  mills  on 
the  dollar  for  school  district  purposes,  for  support  of  common  school: 
Provided,  That  the  aforesaid  annual  rate  for  school  purposes  may  be  in- 
creased by  any  school  district  by  an  amount  not  to  exceed  ten  mills  on 
the  dollar  valuation,  on  condition  that  a  majority  of  the  voters  thereof 
voting  at  an  election,  vote  for  said  increase.  (See  Art.  X.,  Sec.  9,  Bunn's 
Constitution,  p.  75.) 

Sec.  341.  Building  Tax  Limit:  For  the  purpose  of  erecting  public 
building  in  counties,  cities,  or  school  districts,  the  rates  of  taxation  herein 
limited,  may  be  increased,  when  the  rate  of  such  increase  and  the  purpose 
for  which  it  is  intended  shall  have  been  submitted  to  a  vote  of  the  people, 
and  a  majority  of  the  qualified  voters  of  such  county,  city,  or  school  dis- 
trict, voting  at  such  election,  shall  vote  therefor:  Provided,  That  such  in- 
crease shall  not  exceed  five  mills  on  the  dollar  of  the  assessed  value  of  the 
taxable  property  in  such  county,  city,  or  school  district.  (Art.  X.,  Sec.  10, 
Bunn's  Constitution,  p.  75.) 

Sec.  342.  Three-Fifth's  Vote  Necessary  to  Increase  Indebtedness:  No 
county,  city,  town,  township,  school  district,  or  other  political  corporation 


—100— 


or  subdivision  of  the  State,  shall  be  allowed  to  become  indebted,  in  any 
manner,  for  any  purpose,  to  an  amount  exceeding  in  any  year,  the  income 
and  revenue  provided  for  such  year,  without  the  assent  of  three-fifths  of 
the  voters  thereof,  voting  at  an  election,  to  be  held  for  that  purpose,  nor 
in  cases  requiring  such  assent,  shall  any  indebtedness  be  allowed  to  be 
incurred  to  an  amount  including  existing  indebtedness,  in  the  aggregate 
exceeding  five  per  centum  of  the  valuation  of  the  taxable  property  therein, 
to  be  assertained  from  the  last  assessment  for  State  and  county  purposes 
previous  to  incurring  of  such  indebtedness:  Provided,  That  any  county, 
city,  town,  township,  school  district,  or  other  political  corporation,  or 
subdivision  of  the  State,  incurring  any  indebtedness,  requiring  the  assent 
of  the  voters  as  aforesaid,  shall,  before  or  at  the  time  of  doing  so,  provide 
lor  the  collection  of  an  annual  tax  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the 
payment  of  the  principal  thereof  within  twenty-five  years  from  the  time 
of  contracting  the  same.  (Art.  X.,  Sec.  26,  Bunn's  Constitution,  p.  78.) 

Sec.  343.  Increase  for  Public  Utilities:  Any  incorporated  city  or  town 
in  this  State  may,  by  a  majority  of  the  qualified  property  tax  paying  voters 
of  such  city  or  town,  voting  at  an  election  to  be  held  for  that  purpose,  be 
allowed  to  become  indebted  in  a  larger  amount  than  that  specified  in  sec- 
tion 342,  for  the  purpose  of  purchasing  or  constructing  public  utilities, 
ties,  or  for  repairing  the  same,  to  be  owned  exclusively  by  such  city:  Pro- 
vided, That  any  such  city  or  town  incurring  any  such  indebtedness  requir- 
ing the  assent  of  the  voters  as  aforesaid,  shall  have  the  power  to  provide 
for  the  collection  of  an  annual  tax  in  addition  to  the  other  taxes  provided 
for  by  this  constitution,  sufficient  to  pay  the  interest  on  such  indebtedness 
as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of 
the  principal  thereof  within  twenty-five  years  from  time  of  contracting  the 
same.  (Art.  X.,  Sec.  27,  Bunn's  Constitution,  p.  78.) 

Sec.  344.  Sinking  Fund:  Counties,  townships,  school  districts,  cities, 
and  towns  shall  levy  sufficient  additional  revenue  to  create  a  sinking  fund 
to  be  used,  first,  for  the  payment  of  interest  coupons  as  they  fall  due; 
second,  for  the  payment  of  bonds^as  they  fall  due;  third,  for  the  payment 
of  such  parts  of  judgments  as  such  municipality  may,  by  law,  be  required 
to  pay.  (Art.  X.,  Sec.  28,  Bunn's  Constitution,  p.  79.) 

Sec.  345.  Attorney  General's  and  County  Officer's  Certificates:  No 
bond  or  evidence  of  indebtedness  of  this  State  shall  be  valid  unless  the 
same  shall  have  endorsed  thereon  a  certificate,  signed  by  the  auditor  and 
attorney  general  of  the  State,  showing  that  the  bond  or  evidence  of  debt 
is  issued  pursuant  to  law  and  is  within  the  debt  limit.  No  bond  or  evi- 
dence of  debt  of  any  county,  or  bond  of  any  township  or  any  other  political 
subdivision  of  any  county,  shall  be  valid  unless  the  same  have  endorsed 
thereon  a  certificate  signed  by  the  county  clerk,  or  other  officer  authorized 
by  law  to  sign  such  certificate,  and  the  county  attorney  of  the  county,  stat- 
ing that  said  bond,  or  evidence  of  debt  is  issued  pursuant  to  law,  and  that 
said  issue  is  within  the  debt  limit.  (Art.  X.,  Sec.  29,  Bunn's  Constitution, 
p.  79.) 

Sec.  346.  Uniform  Accounting:  The  legislature  shall  require  all 
money  collected  by  taxation,  or  by  fees,  fines,  and  public  charges  of  every 
kind,  to  be  accounted  for  by  a  system  of  accounting  that  shall  be  uniform 
for  each  class  of  accounts,  State  and  local,  which  shall  be  prescribed  and 
audited  by  authority  of  the  State.  (Art.  X.,  Sec.  30,  Bunn's  Constitution, 
p.  79.) 

—101— 


Sec.  347.  Limit  for  Current  Expenses:  Except  as  otherwise  provided 
in  this  article,  the  total  levy  for  current  expenses  of  each  county,  city,  town, 
township  or  school  district,  shall  not  exceed  in  any  one  year  the  following: 

County  levy  not  more  than  five  mills,  provided  that  any  county  may 
levy  not  exceeding  one  mill  additional  in  aid  of  the  common  schools  of  the 
county  and  in  any  county  where  a  county  high  school  is  located,  an  addi- 
tional levy  of  not  more  than  one  mill  may  be  made  for  the  county  high 
school;  Provided,  That  where  the  assessed  valuation  of  any  county  is  less 
than  $4,000,000  the  county  levy  shall  not  exceed  six  mills. 

City  levy,  not  more  than  seven  mills. 
•  Incorporated  town  levy  not  more  than  five  mills. 

Township  levy  not  more  than  three  mills. 

School  district  levy  for  the  support  of  common  schools,  not  more  than 
five  mills. 

History.     H.  B.  14,  L.  1910. 

Sec.  348.  Annual  Statement:  Each  board  of  county  commisioners,  the 
mayor  and  council  of  each  city  of  the  first  class,  or  the  officers  exercising 
like  powers  in  any  city  of  the  first  class  in  this  State,  having  a  charter 
form  of  government,  the  board  of  trustees  of  each  incorporated  town,  the 
directors  of  each  township,  the  board  of  education  in  each  incorporated 
city  and  the  directors  of  each  school  district  in  the  State,  shall  meet  on  the 
llrst  Monday  in  July  of  each  year  and  shall  respectively  make  out  an 
itemized  statement  of  the  fiscal  condition  of  their  respective  municipalities 
and  of  the  estimated  needs  thereof  for  the  current  expenses  of  the  en- 
suing fiscal  year.  Said  estimate  shall  show,  first,  any  unexpended  balance 
on  hand  of  the  levy  for  any  previous  year  or  years  for  current  expense 
purposes;  second,  the  estimated  income  of  the  municipality  from  all 
sources  other  than  from  advalorem  taxation  and  such  estimated  income 
for  school  district  purposes  shall  include  the  apportionment  of  the  income 
from  the  common  school  fund,  based  on  the  distribution  for  the  next  pre- 
ceding fiscal  year. 

Third,  an  itemized  estimate  of  the  amount  necessary  for  the  current 
expenses  of  each  municipality  for  the  ensuing  fiscal  year; 

Fourth,  the  amount  necessary  tor  a  sinking  fund,  sufficient  to  pay  at 
maturity,  all  bonded  indebtedness  coming  due  for  such  municipality. 

Fifth,  the  amount  necessary  to  pay  the  interest  coupons  falling  due 
on  its  outstanding  bonded  indebtedness.  The  estimate  for  county  purposes 
shall  be  itemized  so  as  to  show  the  amount  estimated  to  be  necessary  for 
salaries;  for  court  expenses;  for  county  supplies;  for  the  support  of  the 
poor  and  insane;  for  roads  and  bridges;  for  aid  of  the  common  schools  of 
the  county;  for  contingent  fund;  for  county  high  school,  if  any;  for  a  sink- 
ing fund  which  shall,  with  the  money  already  in  such  fund,  be  sufficient 
to  pay,  at  maturity,  all  bonded  indebtedness  of  such  county  coming  due; 
for  the  interest  coupons  falling  due  on  outstanding  bonds  of  the  county  and 
an  additional  sum  equal  to  one-third  of  the  original  amount  of  all  outstand- 
ing judgments  against  the  county  where  one-third  or  more  of  such  judg- 
ments remain  unpaid  and  in  case  less  than  one-third  remains  unpaid,  then 
the  estimate  shall  include  the  unpaid  balance.  Each  estimate  for  county, 
city,  incorporated  town,  township  and  school  district  purposes  as  prepared 
in  accordance  with  the  provisions  of  this  Article,  shall  be  published  in  some 
newspaper  published  in  each  such  county,  city,  incorporated  town,  town- 
ship and  school  district  in  four  consecutive  issues  if  in  a  daily  paper  and  in 
two  consecutive  issues  if  published  in  a  weekly  paper  and  if  there  be  no 
such  paper  published  in  such  county,  city,  incorporated  town,  township  or 

—102— 


ychool  district,  then  a  copy  of  such  estimate  shall  be  posted  in  at  least  five 
public  places  therein,  which  posting  shall  be  within  five  days  after  said 
first  Monday  in  July.  Said  publication  shall  be  made  in  each  instance  by 
the  board  or  authority  making  the  estimate.  Said  estimate  so  made  out 
i.nd  published  as  aforesaid  shall,  as  soon  as  completed,  be  certified  to  the 
excise  board  of  the  county  hereinafter  provided  for,  together  with  an  af- 
fidavit showing  the  publication  or  posting  thereof  as  required  by  this 
Article. 

History.     H.  B.  14,  L.   1910. 

Sec.  349.  County  Excise  Board:  There  is  hereby  created  in  each  or- 
ganized county  in  this  State  an  excise  board  to  be  composed  of  the  fol- 
lowing county  officers,  to-wit:  County  clerk,  county  treasurer,  county 
judge,  county  superintendent  and  county  attorney,  who  shall  perform  the 
duties  as  herein  provided  without  additional  compensation.  The  county 
judge  shall  be  chairman  of  the  board  and  the  county  clerk  secretary. 
Note.— See  Section  312. 

Sec.  350.  Meeting  of  County  Excise  Board:  The  excise  board  shall 
meet  at  the  county  seat  on  the  last  Saturday  of  July  of  each  year  for  the 
purpose  of  examining  the  estimates  of  expenses  for  the  county  and  for 
each  city,  incorporated  town,  embracing  a  city  of  the  first  class,  township 
and  school  district  therein.  Their  meeting  shall  be  public  and  they  shall 
keep  a  record  of  their  proceedings.  They  shall  have  power  to  revise  and 
correct  any  estimate  certified  to  them  where  the  amount  thereof  is  in  excess 
of  the  just  and  reasonable  needs  of  the  municipality  for  which  the  same 
is  made.  When  they  shall  have  approved  each  estimate,  if  the  same  shall 
be  within  the  limit  for  current  expenses,  provided  by  section  349  of  this 
Article,  and  shall  have  ascertained  the  assessed  valuation  of  property  taxed 
ad  valorem  in  the  county  and  in  each  municipal  subdivision  thereof,  and 
shall  have  ascertained  the  probable  income  of  the  county  and  of  each 
municipal  subdivision  thereof  from  all  sources  other  than  ad  valorem  tax- 
ation, they  shall  thereupon  make  the  levy  therefor,  adding  thereto  the 
amount  ascertained  to  be  necessary  for  a  sinking  fund,  which,  with  the 
money  already  in  such  fund,  shall  be  sufficient  to  pay,  at  maturity,  all 
bonded  indebtedness  of  such  municipality,  and  for  the  interest  coupons 
falling  due  on  the  outstanding  bonds  of  such  municipality;  to  the  total 
amount  so  ascertained  to  be  necessary  for  current  expenses,  sinking  fund 
and  interest  coupons  shall  be  added  ten  per  centum  for  delinquent  taxes. 
The  levies  so  made  for  them  shall  be  certified  to  the  county  clerk,  who 
shall  extend  the  same  upon  the  tax  roll. 

History.      H.    B.    14,    L.    1910. 

Note.— See  section  312. 

Sec.  351.  Increased  Levies:  .  If  any  estimate  certified  to  the  excise 
board  for  the  current  expenses  01  any  county,  city,  incorporated  town,  town- 
ship, or  school  district  shall  exceed  the  limits  prescribed  by  section  347 
of  this  Article,  and  the  excise  board  shall  be  of  the  opinion  that  such  excess 
is  reasonably  necessary  for  the  current  expenses  of  the  municipality  for 
which  the  same  is  prepared,  they  shall  enter  such  fact  upon  the  record 
of  their  proceedings,  and  shall  give  notice  by  publication  in  one  issue  of 
some  newspaper,  printed  in  the  county  that  a  special  election  will  be  held 
in  the  county,  city,  incorporated  town,  township  or  school  district,  as  the 
case  may  be,  on  the  second  Tuesday  after  the  first  Monday  in  August  next 
thereafter  for  the  purpose  of  submitting  to  the  qualified  electors  of  such 
county,  city,  incorporated  town,  township  or  school  district,  the  question 
of  making  such  increased  levy.  Such  election  shall  be  held  under  the  gen- 
eral election  laws  of  the  State  and  in  each  election  held  under  the  pra- 

—103— 


visions  of  this  Article,  the  amount  of  each  proposed  levy  shall  be  printed 
upon  the  ballot  with  the  words,  "for  the  levy"  and  "against  the  levy"  to 
the  left  of  which  shall  be  printed  a  square  in  which  the  elector  shall  stamp 
his  choice. 

Provided:    In  school  districts  not  in  cities  of  the  first  class  the  elec- 
tion shall  be  conducted  as  is  now,  or  may  hereafter  be  provided  by  law  for 
such  elections  in  school  districts. 
History.     H.  B.   14,   L.   1910. 

Sec.  352.     Fifty  Per  Cent  of  Voters   Required:     No  election  for  an  in- 
creased   levy   for   county,    city,    incorporated    town    or    township    purposes 
shall  be  valid  unless  fifty  per  centum  of  the  qualified  electors,  as  shown 
by  the  last  preceding  election  shall  vote  therein. 
History.  H.  B.   14,  L.  1910. 

Sec.  353.  Canvass  of  Returns:  The  returns  of  such  elections  held 
under  the  provisions  of  this  Article  shall  be  made  to  the  excise  board, 
who  shall  meet  at  the  county  seat  on  the  Friday  following  such  election 
for  the  purpose  of  canvassing  the  returns.  If  the  levies  voted  upon  shall 
be  approved  by  a  majority  of  those  voting  for  each  levy  and  the  total 
number  voting  shall  be  the  proportion  of  the  qualified  electors  of  the 
county,  city,  incorporated  town,  township  or  school  district  required  by  this 
Article,  the  excise  board  shall  certify  the  same  to  the  county  clerk,  who 
shall  extend  the  same  upon  the  tax  roll;  and  no  levy  for  any  purpose  shall 
be  valid  unless  made  according  to  the  provisions  of  this  Article,  and 
any  such  illegal  levy,  and  the  collections  of  the  tax  thereunder  may  be 
enjoined  at  the  suit  of  any  tax  payer. 
History.  H.  B.  14,  L.  1910. 

Sec.  354.  Election  in  Cities:  The  provisions  of  this  Article  shall  apply 
to  each  city  whether  having  a  charter  form  of  government  or  not  and 
to  the  board  of  education  in  each  city,  except  that  where  an  election  is 
called  for  the  purpose  of  voting  a  tax  in  excess  of  that  prescribed  by  this 
Article,  such  election  shall  be  called  by  the  mayor  and  council  in  such 
city  or  the  officers  exercising  like  power  in  cities  having  a  charter  form 
of  government  and  by  the  board  of  education,  who  shall  canvass  the  re- 
turns thereof  and  make  the  levies  and  certify  to  the  county  clerk,  who  shall 
extend  the  same  upon  the  tax  rolls. 
History.  H.  B.  14,  L.  1910. 

Sec.  355.  Thirty  Per  Centum  of  Voters  Must  Vote:  It  shall  be  the 
duty  of  the  school  trustees  in  each  school  district  to  record  in  a  book 
kept  for  the  purpose,  the  names  of  all  legal  voters  within  such  school 
district,  and  at  the  election  where  it  is  proposed  to  vote  an  additional 
levy  above  the  five  mills  herein  authorized  for  school  purposes  the  election 
shall  be  held  to  be  a  legal  election  when  thirty  per  centum  of  the  total 
number  of  legal  voters  living  in  such  school  district  shall  participate 
therein. 

History.     H.  B.  14,  L.  1910. 


—104— 


ARTICLE    XXIII. 
Transfer  of   Pupils. 

Section  Section 

356.  Transfer  may  be  made,   when.  360.     Transfer  to  be  for  one  year  only. 

357.  Notice.  361.     Sinking    fund. 

358.  New  comers.  362.    Violation    a   misdemeanor. 

359.  Duty  of  clerk. 

Sec.  356.  Transfer  May  Be  Made — When:  The  county  superintendent 
of  any  county  in  this  State,  may  when  in  his  judgment  the  best  interests 
of  the  schools  will  not  be  adversely  affected,  and  when  requested  by  the 
parents  or  guardian,  permit  children  living  in  any  school  district  in  this 
State  at  a  distance  of  two  miles  or  more  from  the  school  house  at  the 
home  district,  to  attend  school  in  another  district,  by  giving  notice  in 
writing  to  the  school  boards  of  the  two  districts  affected,  at  least  two  months 
before  beginning  of  school  in  either  district.  When  the  county  superin- 
tendent authorizes  such  transfer  of  children  from  one  district  to  another, 
he  shall  transfer  the  State,  county  and  school  district  funds  for  such  chil 
dren  from  the  district  in  which  they  reside  to  the  district  in  which  they 
attend  school.  Provided  that  any  child  prepared  to  enter  a  grade  higher 
than  is  offered  by  the  home  district  shall  be  entitled,  on  written  request  of 
the  parent,  to  transfer  in  the  same  manner  as  described  in  this  Article, 
to  a  district,  town  or  city  school  offering  such  higher  grade  of  work. 
History.  H.  B.  108,  L.  1911. 

Sec.  357.  Notice:  After  having  given  notice  of  the  proposed  change 
of  districts,  the  parents  and  children  shall  be  bound  for  the  school  year 
unless  released  by  act  of  the  majority  of  the  school  board  of  each  district 
affected.  The  children  shall  be  governed  by  the  regulations,  rules  and  the 
compulsory  school  law  of  the  district  in  which  they  have  chosen  to  attend 
school. 

History.     H.  B.  108,  L.  1911. 

Sec.  358.  Newcomers:  Renters  and  others  who  come  into  a  school 
district  after  the  school  term  has  begun  may  make  a  choice  of  schools 
under  the  above  regulations  by  giving  notice  as  soon  as  a  residence  has 
been  established,  and  their  children  shall  be  enumerated  for  that  year  by 
the  school  board  for  the  district  in  which  they  shall  attend  school. 
History.  H.  B.  108,  L.  1911. 

Sec.  359.  Duty  of  Clerk:  When  the  county  clerk  receives  notice  of 
a  temporary  transfer  of  scholars  from  one  district  to  another  he  must  ap- 
portion the  school  district  tax  to  the  school  district  transferred  to  (8244.) 

History.     L.  1905,  p.  382;  effective  February  13,  1905. 

Note. — When  transfers  have  been  authorized,  the  authorities  should 
transfer  the  per  capita  share  of  the  state,  county  and  school  district 
funds  belonging  to  the  children  transferred.  No  consideration  should 
be  given  the  taxes  paid  by  the  parent  or  guardian  of  children  trans- 
ferred but  the  per  capita  amount  of  all  the  funds  in  the  district 
belonging  to  the  children  so  transferred. 

Sec.  360.  Transfer  to  Be  for  One  Year  Only:  Temporary  transfers 
of  scholars  from  one  school  district  to  another  shall  only  be  for  one  year. 
(8246.) 

History.     L.   1905,  p.   382;   effective  February  13,   1905. 

105 


Sec.   361.      Sinking    Fund:      If  by   reason   of  bonded    indebtedness   any 
such  school  district  shall  have  a  sinking  fund,  the  county  clerk  shall  re- 
tain in  the  home  district  the  tax  levied  for  that  purpose.     (8247.) 
History.     L.   1905,  p.   382;   effective  February  13,   1905. 

Sec.  362.  Violation  a  Misdemeanor:  Any  member  of  any  school  dis- 
trict board,  or  county  clerk  or  county  treasurer,  who  shall  violate  any  of 
the  provisions  of  this  Article  regarding  transfers  of  pupils,  shall  be  guilty 
of  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars.  (8248.) 
History.  L.  1905,  p.  382;  effective  February  13,  1905. 


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ARTICLE  XXIV. 
Teachers  and  County  Certificates. 

si..-tion  Section 

363.  Board    of    county    examiners.  369.     Certificates— grades— where     val- 

H(M.  Examinations.  id. 

n«r>.  Grades    of   certificates.  370.     Temporary    certificates. 

366.  First    grade    certificates.  371.     Illegal    issuance    of    certificates— 

367.  Second     grade     certificates.  penalty. 

368.  Third   grade   certificates. 

Sec.  363.  Board  of  County  Examiners:  In  each  county  there  shall  be  a 
board  of  county  examiners  composed  of  the  county  superintendent,  who 
shall  be  ex-officio  chairman  of  the  board,  and  two  competent  persons, 
holders  cf  first  grade  certificates,  or  of  state  certificates,  or  of  diplomas 
from  some  territorial  or  State  university,  normal,  or  agricultural  college, 
who  shall  be  appointed  by  the  county  superintendent  and  shall  serve  from 
the  time  of  their  respective  appointment  until  their  successors  are  ap- 
pointed, and  each  of  whom  shall  receive  for  his  services  the  sum  of  three 
dollars  per  day,  not  to  exceerd  five  days  in  any  one  quarter  of  the  year. 
(8211.) 

History.  S.  1893,  Sec.  5814,  as  amended  by  L.  1903,  p.  255;  effective 
March  14,  1903. 

Construed.     Ter.   ex  rel.   v.   Stubblefield,   5  Ok.   310,   48'  P.  112. 

Sec.  364.  Examinations:  The  board,  two  of  whom  shall  constitute 
a  quorum,  shall,  on  the  last  Thursday  and  Friday  of  January,  October, 
April  and  at  the  close  of  the  county  normal  institute,  only  at  such  places  as 
may  be  designated  by  the  chairman  (who  shall  give  ten  days'  notice  of 
examination)  publicly  examine  all  persons  proposing  to  teach  in  the  public 
schools  of  the  county,  as  to  their  competency  to  teach  in  the  branches 
prescribed  by  law;  and  such  board  of  examiners  shall  issue  certificates, 
as  hereinafter  provided,  to  all  such  applicants  as  shall  pass  the  required 
examination  and  satisfy  the  board  as  to  their  good  moral  character 
and  their  ability  to  teach  and  govern  schools  successfully.  (8212.) 

History.  S.  1893,  Sec.  5815,  as  amended  by  L.  1905,  p.  367;  effective 
March  10,  1905. 

Sec.  365.  Grades  of  Certificates:  Certificates  issued  by  county  boards 
shall  be  of  three  grades — first,  second  and  third — and  shall  continue  in 
force  respectively  three  years,  two  years  and  one  year.  (8213.) 

History.     S.    1893,    Sec.   5816. 

Construed.     Ter.   ex  rel.  v.   Stubblefield,  5  Ok.   310,  48  P.  112. 

Sec.  366.  First  Grade  Certificates:  Certificates  of  the  first  grade  shall 
certify  that  the  person  to  whom  issued  is  proficient  in  and  fully  qualified 
to  teach  orthography,  reading,  writing,  English  grammar,  composition, 
geography,  arithmetic,  United  States  history,  Oklahoma  history,  bookkeep- 
ing, physiology  and  hygiene,  the  theory  and  practice  of  teaching  and  civil 
government,  and  the  elements  of  physics,  drawing,  music,  agriculture 
and  domestic  science;  and  shall  not  be  issued  to  person  under  twenty 
years  of  age,  nor  to  such  as  have  not  taught  successfully  twelve  school 
months;  Provided,  that  no  person  who  receives  a  first  grade  certificate 
shall  niCvke  a  general  average  of  less  than  ninety  per  cent,  and  in  no  case 
shall  a  person  receive  a  certificate  of  the  first  grade  who  shall  fall  below 
seventy  per  cent  in  any  one  branch.  (8214.) 

History.  S.  18!)?,,  Sec.  5817,  as  amended  by  L.  1897,  p.  273;  effective 
March  12,  1897.  Revision:  Amended  to  include  in  general  terms  sub- 
jects required  to  be  taught  under  Sec.  7,  Art.  13,  Const.,  and  Sec.  223, 
in  order  that  teachers  may  not  be  required  to  teach  subjects  which 
they  were  not  otherwise  required  to  know;  "natural  philosophy" 

107 


changed  to  "physics,"  as  the  more  modern  term. 
Construed.     Ter.  v.  Stubblefield,  5  Ok.  310,  4  P.  112. 

Sec.  367.  Second  Grade  Certificates:  Certificates  of  the  second  grade 
may  be  issued  to  persons  not  less  than  eighteen  years  of  age,  who  shall 
fully  satisfy  the  board  as  to  their  ability  to  teach  all  the  branches  pre- 
scribed for  first  grade  certificates,  except  bookkeeping  and  physics,  and 
who  have  taught  successfully  three  school  months;  Provided,  that  no  per- 
son who  receives  a  second  grade  certificate  shall  make  a  general  average  of 
less  than  eighty  per  cent,  and  in  no  case  shall  a  person  receive  a  certificate 
of  the  second  grade  who  falls  below  sixty  per  cent  in  any  one  branch. 
(8215.) 

History.     S.   1893,  Sec.  5818,  as  amended  by  L.  1897,  p.   274;  effective 
March  12,  1897.     Revision:     "Natural  philosophy"  changed  to  "physics." 

Sec.  368.  Third  Grade  Certificates:  Certificates  of  the  third  grade 
shall  certify  that  the  person  to  whom  issued  is  not  under  sixteen  years  of 
age  and  is  proficient  in  and  fully  qualified  to  teach  all  the  branches  pre- 
scribed for  a  second-grade  certificate,  except  civil  government,  and  made  an 
average  of  not  less  than  seventy  per  cent,  and  not  below  fifty  per  cent, 
in  any  one  branch;  and  no  third-grade  certificate  shall  be  issued  more  than 
twice  to  the  same  person.  (8216.) 

History.     S.   1893,    Sec.    5819,   as  amended  by  L.   1897,   p.   274;   effective 
March  12,  1897. 

Construed.     Ter.  ex  rel.  v.  Stubblefield,  5  Ok.  310,  48  P.  112. 

Sec.  369.  Certificates— Grades— Where  Valid:  That  no  third-grade 
certificate  shall  be  in  force  except  in  the  county  in  which  it  is  issued; 
Provided,  that  the  county  superintendent  shall  endorse  the  unexpireo* 
first-grade  certificate  issued  in  any  other  county,  and  all  second-grade 
certificates  shall  be  endorsed  by  the  county  superintendent  of  any  county 
adjoining  the  county  in  which  said  second-grade  certificate  was  issued, 
which  certificate  shall  thereby  be  valid  in  the  county  in  which  such  en- 
dorsement is  made  for  the  unexpired  term  of  the  certificate.  A  certificate 
issued  under  this  Act  may  be  revoked  by  the  board  of  examiners  on  the 
ground  of  immorality,  or  for  any  other  cause  that  would  have  justified  the 
withholding  thereof,  when  the  same  was  granted.  (8217.) 

History.     L,.   1907-8,   p.   668. 

Construed.     Ter.  ex  rel.  v.  Stubblefield,  5  Ok.  310,  48  P.  112. 
First  grade  certificate.    Duty  of  superintendent.     Above  section  con- 
strued to  be  mandatory.     Jordan  v.  Davis,   10  Ok.   329,   61  P.   1063. 

Note. — The  old  law  providing  for  a  fee  for  endorsing  certificates  is 
repealed  by  this  section.     Attorney  general's  opinion. 

Sec.  370.  Temporary  Certificate:  The  county  superintendent,  upon 
request  made  in  writing  by  any  district  board,  and  after  satisfying  himself 
by  examination  of  the  ability  or  proficiency  of  the  applicant,  may  grant  a 
temporary  certificate  in  case  of  necessity,  valid  only  in  the  designated 
district,  and  valid  only  until  the  next  regular  examination  by  the  county 
board  of  examiners;  Provided,  that  no  such  temporary  certificate  shall  be 
granted  to  any  applicant  who  has  failed  in  examination  at  any  such  regular 
meeting  of  the  board,  nor  shall  such  certificate  be  granted  twice  to  the 
same  person;  Provided,  further,  that  the  county  superintendent  shall  not 
be  compelled  to  charge  for  the  issuance  of  temporary  certificates.  (8218. > 
History.  S.  1893,  Sec.  582U 

Sec.  371.  Illegal  Issuance  of  Certificates — Penalty:  No  certificate  shall 
be  issued  by  any  county  board  or  county  superintendent,  except  upon  ex 
animation  as  herein  provided  and  any  county  superintendent  or  the  county 
board  of  examiners  who  violate  any  of  the  provisions  of  this  Article  by 
issuing  a  certificate  except  as  herein  provided,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  fined  in  the  sum  of  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars.  (8219.) 
History.  S.  1893,  Sec.  5822. 


ARTICLE   XXV. 
Provisions  and  Holidays. 

Section  Section 

372.  Jurisdiction     of     school     district  381.     Duty  of  school   officers. 

suits.  382.     Penalty. 

373.  Penalty       for       injuring       school  383.     Arbor   day. 

property.  384.  Same — public  schools   to   conduct 
374..    Appropriation       authorized       for  exercises. 

library   purposes.  385.  Holidays. 

37r,.     TvlPt  of  books  furnished.  386.  Additional  holidays. 

27fi.     Srhool   to  own  and   display  flag.  387.  Business    days. 

377.  Sectarian    instruction    prohibited.  388.  Next  business   day. 

378.  Morality    to   be   taught.  389.  Labor   day. 

379.  Annual     studies.  390.  Proclamation. 

380.  Vivisection   prohibited. 

Sec.  372.  Jurisdiction  of  School  District  Suits:  Justices  of  the  peace 
shall  have  jurisdiction  in  all  cases  in  which  a  school  district  is  a  party  in- 
terested when  the  amount  claimed  by  the  plaintiff  does  not  exceed  his  juris- 
diction, as  provided  by  statute,  and  the  party  shall  have  the  right  to  appeal 
as  in  other  cases;  and  all  fines  and  penalties  not  otherwise  provided  for 
herein,  shall  be  collected  by  an  action  in  any  court  of  competent  jurisdic- 
tion. (8226.) 

History.     S.  1893,  Sec.  5894;  effective  March  14,  1893. 

Sec.  373.  Penalty  for  Injjuring  School  Property:  Every  person  who 
shall  wilfully  injure  or  destroy  any  building  used  as  a  school  house  or  for 
other  educational  purposes,  or  any  furniture,  fixtures  or  apparatus  thereto 
belonging,  or  who  shall  deface,  mar  or  disfigure  any  such  building,  furniture 
or  fixtures  by  writing,  painting,  cutting  or  pasting  thereof  any  likeness, 
figures,  words  or  devices,  shall  be  fined  in  a  sum  not  less  than  ten  nor  more 
than  fifty  dollars  for  each  offense  above  named,  to  be  in  addition  to,  and 
not  in  lieu  of,  the  punishment  provided  by  the  statute  regulating  crimes  for 
such  offenses;  and  all  fines  so  collected  shall  be  paid  into  the  county  treas- 
ury for  the  support  of  common  schools.  (8227.) 

History.     S.  1893,  Sec.  5895;  effective  March  14,  1893. 

Sec.  374.  Appropriation  Authorized  for  library  Purposes:  At  the 
time  provided  by  law  for  making  and  certifying  the  annual  levy  for  taxes 
for  school  purposes  each  year,  except  as  hereinafter  provided,  the  district 
board  of  each  school  district  and  the  board  of  education  of  each  city  or 
town  in  the  State  of  Oklahoma  shall  designate,  set  apart  and  appropriate 
out  of  the  district  fund  a  sum  of  money  as  a  library  fund,  to  be  used  in  the 
purchase  of  books  and  periodicals  for  a  public  library  for  such  district, 
city  or  town,  as  follows:  In  districts  employing  one  teacher,  not  less  than 
five  nor  more  than  ten  dollars  each  year;  in  districts  employing  more  than 
one  and  less  than  four  teachers,  not  less  than  ten  nor  more. than  twenty-five 
dollars  each  year;  in  districts  employing  more  than  three  teachers,  not 
less  than  twenty-five  nor  more  than  fifty  dollars  each  year;  in  cities  of  the 
first  class,  not  less  than  fifty  nor  more  than  one  hundred  dollars  each  year. 
The  board  of  education  of  each  city  or  town  and  the  district  board  of  each 
school  district,  except  as  hereinafter  provided,  shall  certify  the  appropria- 
tion herein  provided  to  the  county  clerk,  and  the  county  clerk  shall  note 
the  appropriation  on  the  tax  rolls  and  certify  the  same  to  the  county  treas- 
urer, and  he  shall  set  apart  the  sum  so  designated  to  the  credit  of  the  dis- 
trict, city  or  town  appropriating  the  same,  as  a  library  fund:  Provided, 
that  districts  in  which  the  maximum  levy,  together  with  all  other  school 

109 


funds,  do  not  yield  a  revenue  sufficient,  to  support  a  four  months'  term  of 
school,  during  the  school  year,  shall  not  be  subject  to  the  provisions  of  this 
and  the  following  section.  (8228.) 

History.     L.  1899,  p.  228;  effective  March  10,  1899. 

Sec.  375.  List  of  Books  Furnished:  The  county  board  of  examiners  of 
each  county  shall  furnish  each  county  superintendent  in  Oklahoma  a  list 
of  reference  and  literary  books  together  with  the  list  price  of  each  and 
the  price  at  which  they  may  be  purchased,  as  near  as  possible,  which  list 
shall  designate  the  order  of  purchase  and  shall  govern  the  order  or  pur- 
chasing, so  far  as  the  funds  will  permit,  and  the  county  superintendent 
shall,  within  thirty  days  thereafter,  mail  to  the  secretary  of  each  district 
board  in  their  respective  counties  the  list  of  books  furnished  as  herein 
provided,  together  with  prices  and  other  information  and  instruction  for 
carrying  out  the  provisions  of  this  article.  The  county  board  of  examiners 
shall,  at  periods  of  not  longer  than  two  years  thereafter,  furnish  additional 
lists  of  suitable  books  and  periodicals,  to  be  a  guide  to  future  purchases  by 
district  boards.  All  purchases  under  this  article  shall  follow  the  order 
given  by  the  county  board  of  examiners  so  far  as  the  funds  will  permit, 
unless  the  lists  include  books  already  in  the  library  of  such  school.  No 
district  board,  or  board  of  education,  shall  contract  or  pay  in  warrants,  or 
otherwise  more  than  the  lowest  wholesale  price  of  the  books  purchased 
under  this  article  and  any  and  all  warrants  issued  in  excess  of  this  sum 
shall  be  void  as  to  the  excess.  (8229.) 

History.     L.   1899,  p.  228. 

Sec.  376.  School  to  Own  and  Display  Flag:  Every  board  of  education 
or  school  district  board  within  this  State  shall  be  required  to  own  and  dis- 
play within  the  school  house  a  United  States  flag.  Such  boards  shall  pur- 
chase said  flag  with  any  moneys  derived  for  school  purposes  not  otherwise 
specifically  appropriated;  and  any  person  charged  with  the  duty  imposed  by 
this  section,  who  shall  fail  to  comply  with  the  requirements  of  the  same, 
or  shall  violate  this  law  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars.  (8230-31-32.) 

History.     L.  1905,  p.  368;  effective  July  2,  1905.     Revision:     The  three 
sections    comprising    the    original    act    are    combined   into    one,    by   the  . 
elimination  of  superfluous  language. 

Sec.  377.  Sectarian  Instruction  Prohibited:  No  sectarian  or  religious 
doctrine  shall  be  taught  or  inculcated  in  any  of  the  public  schools  of  the 
State;  but  nothing  in  this  section  shall  be  construed  to  prohibit  the  reading 
of  the  Holy  Scripture,  without  note  or  comment.  (8113.) 

History.  New  section,  a  consolidation  of  Sees.  8028  Snyder  and  8113 
S.  1893  (effective  March  14,  1893) ;  placed  here  as  applicable  to  all 
schools,  the  sections  referred  to  having  been  carried,  one  under  "Dis- 
trict Officers"  and  the  other  under  "Cities." 

Sec.  378.  Morality  to  Be  Taught:  In  each  and  every  public  school, 
it  shall  be  the  duty  of  each  and  every  teacher  to  teach  morality,  in  the 
broadest  meaning  of  the  word,  for  the  purpose  of  elevating  and  refining  the 
character  of  school  children  up  to  the  highest  plane  of  life;  that  they  may 
know  how  to  conduct  themselves  as  social  beings  in  relation  to  each  other, 
as  respects  right  and  wrong,  and  rectitude  of  life,  and  thereby  lessen  wrong- 
doing and  crime.  (8233.) 

History.     L.  1905,  p.  378;  effective  March  4,  1905. 

HO 


Sec.  379.  Humanity:  In  each  and  every  public  school,  in  addition 
to  the  other  branches  of  study  now  prescribed,  not  less  than  one-half 
hour  of  each  week,  during  the  whole  of  each  term  of  school,  shall  be  de- 
voted to  teaching  the  school  children  attending  said  school  kindness  to  and 
humane  treatment  and  protection  of  dumb  animals  and  birds,  their  lives, 
habits  and  usefulness,  and  the  important  part  they  are  intended  to  fulfill 
in  the  economy  of  nature,  and  such  studies  on  the  subject  as  the  board  of 
public  education  may  adopt.  (8234.) 

History.     L.   1905,  p.  378;  effective  March  4,  1905. 

Sec.  380.  Vivisection  Prohibited:  No  experiments  upon  any  living 
creature  shall  be  permitted  in  any  public  school  within  the  State  of  Okla- 
homa. (8235.) 

History.     L.  1905,  p..  379;  effective  March  4,  1905. 

Sec.  381.  Duty  of  School  Officers:  It  shall  be  the  duty  of  the  state 
superintendent  of  public  instruction,  the  superintendent  of  public  instruction 
of  each  county  superintendent  of  public  schools  of  each  city  and  the 
principal  of  each  and  every  public  school  to  see  that  the  provisions  of  the 
three  preceding  sections  are  strictly  complied  with  in  the  public  schools 
under  his  supervision.  (8236.) 

History.     L.    1905,   p.   379;   effective  March   4,    1905.     Revision:     Minor 
changes  in  language. 

Sec.  382.  Penalty:  No  teacher  in  the  public  schools  shall  be  entitled 
to  receive  any  portion  of  the  public  school  moneys  as  compensation  for 
services,  unless  such  teacher  shall  have  complied  with  the  provisions  of  the 
preceding  sections.  (8237.) 

History.     L.  1905,  p.  379;  effective  March  4,  1905. 

Sec.  383.  Arbor  Day:  The  Friday  following  the  second  Monday  in 
March  of  each  year  shall  be  hereafter  known  throughout  Oklahoma  as 
Arbor  Day.  (39.) 

History.    L.  1901,  p.  62;  effective  March  5,  1901. 

Sec.  384.  Same — Public  Schools  to  Conduct  Exercises:  It  shall  be  the 
duty  of  the  authorities  of  the  public  schools  in  this  State,  to  assemble 
the  pupils  in  their  charge  on  that  day  in  the  school  buildings,  or  elsewhere, 
as  may  be  deemed  proper,  to  provide  for  and  conduct,  under  the  general 
supervision  of  the  county  superintendent  or  city  superintendent  or  other 
chief  officers  having  the  general  oversight  of  the  public  schools  in  each 
county  or  city,  such  exercises  as  shall  tend  to  encourage  the  planting,  pro- 
tection and  preservation  of  trees  and  shrubs,  and  an  acquaintance  with  the 
best  methods  to  be  adopted  to  accomplish  such  results.  (40.) 
History.  L.  1901,  p.  62;  effective  March  5,  1901. 

Sec.  385.  (2954-S.)  Holidays:  Holidays  are:  Every  Sunday,  the  first 
day  of  January,  the  twenty-second  day  of  February,  the  fourth  day  of  July, 
the  twenty-fifth  day  of  December,  the  thirtieth  day  of  May,  every  day  on 
which  an  election  is  held  throughout  the  State,  and  every  day  appointed 
by  the  president  of  the  United  States,  or  by  the  governor  of  this  State, 
for  a  public  fast,  thanksgiving  or  holiday.  (S.  1890,  S.  2704.) 

Sec.  386.  (2955-S.)  Additional  holidays:  If  the  first  day  of  January,  the 
twenty-second  day  of  February,  the  fourth  day  of  July,  or  the  twenty-fifth 
day  of  December,  falls  upon  a  Sunday,  the  Monday  following  is  a  holiday. 
(S.  1890,  S.  2705.) 

ill 


Sec.  387.  (2956-S.)  Business  days:  All  other  days  than  those  men- 
tioned  in  the  last  two  Sections,  are  to  be  deemed  business  day  for  all  pur- 
poses. (S.  1890,  S.  2706.) 

Sec.  388.  (2957-S.)  Next  Business  Day:  Whenever  any  act  of  a  secu- 
lar nature,  other  than  a  work  of  necessity,  or  mercy,  is  appointed  by  law  or 
contract  to  be  performed  upon  a  particular  day,  which  day  falls  on  a  hol- 
iday, such  act  may  be  performed  upon  the  next  business  day,  with  the  same 
effect  as  if  it  had  been  performed  upon  the  day  appointed.  (S.  1890,  S. 
2707.) 

Sec.  389.  (4065-S.)  Labor  Day:  The  first  Monday  of  September  of  each 
year  is  hereby  declared  a  legal  holiday,  to  be  known  as  Labor  Day.  (S.  1907- 
8,  Chap.  53,  Art.  V.) 

Sec.  390.  (4066-S.)  Proclamation:  The  governor  shall  issue  his  procla- 
mation twenty  days  prior  to  each  labor  day,  calling  attention  to  that  day, 
and  each  mayor  of  each  municipality  shall  issue  their  proclamation  ten 
days  before  labor  day.  (L.  1907-8,  Chap.  53,  Art.  V.) 


112 


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WRITE  for  specimen  pages,  illustrations  etc.     Mention  this  publication  and  receive  FREE  a  set 

of  pocket  maps' 

G.  &  C.  MERRIAM    COMPANY,  Springfield,  Massachusetts 

I'or  nt'url//  ?f>  //rr//-\  pnhlishfrx  of  "The  genuine  Webster's  Dictionaries" 
A  Complete  Stork  carried  by 

JASPER  SIPES  CO.       Oklahoma  City 


JASPER  SIPES  GO. 

19  1-2  W.  MAIN  ST.    OKLAHOMA  CITY 


Dealers  in  School 
and  Church 
Furniture 

School  Supplies 


THE  VICTOR  DESK 

OUR  SPECIALTIES 


Modern  and  Up-to-Date  School  Furniture 

Church  Pews  and  Assembly  Chairs 

Physical  and  Chemical  Apparatus 

Laboratory    Furniture,  for    Physics,,    Chemistry,    {Biology,    Physiography 
and  Manual  Training  Benches 

Olmsted's  Artificial  Blackboards 

Rolling  'Doors  and  Partitions 

Opera  Chairs  and  Settees 
Program  Clocks 

School  Records  and  Seals 


Venetian  Blinds 

Blackboards 

Dictionaries 


V/E3STERS 
NEW 

(INTERNATIONAL; 

DICTIONARY 


Globes, 
Charts, 
Flag* 


Sen d  for  Catalogue  and  'Price  List.     School  Officers  and  Teachers  will  find  it  to  their  interest  to  correspond 
with  us  before  buying.     Satisfaction  guaranteed  on  everything  we  sell.  SCHOOL  LA  WS  FREE 


The  Only  House  in  the  State  Carrying    a  complete   Line   of   School    Furniture    and   Supplies. 
We  have  the  Goods  in  Stock — Come  and  See 


YC  06583 


249024 

2-1 


